It was long, well over an hour. We battled back and forth. The You tube video was up and around for awhile, but I guess the court took it down and doesn’t save it or post forever on You Tube. Very smart guy for sure, though he seems to think that the Board gets a do over because the administrative law judge used the wrong standard and relied solely on the ACIP guidelines, which is the standard the Board argued…
So the hearing on Ken Stoller’s appeal (writ proceeding) is today at 10:AM PDT. You can watch it live. Here are two links. Here is the Department’s You Tube Channel. https://www.youtube.com/channel/UCCQv1lZu_IYNG-kOZcRcWNA This should work, but if you have trouble, try this link and to the link to the you tube channel address and put in July 23 as the hearing date. https://saccourt.ca.gov/civil/calendar-search.aspx To recap, The judge wanted the attorneys to specifically address the follow questions and they are very, very…
The judge did not issue a tentative decision in the case today because he wants an oral argument to discuss some issues. Here is what is on the judge’s mind in his own words: “Oral argument will be conducted remotely through the Zoom Application. The court clerk will provide counsel with the Zoom ID via email. **** At the time of hearing, counsel may address any issue raised in the legal briefs. In addition, counsel shall be prepared to address…
An Indiana federal district court has just denied a preliminary injunction motion by students seeking to overturn Indiana University’s covert mandate. The decision is long and well reasoned. It also covers all the big points, including emergency use authorization. The plaintiffs tried to wrap themselves in recent Supreme Court precedent overturning religious restrictions in the Cuomo case, but the District Court did not buy it. Significantly, the District Court used a rational relationship test in its review of the IU…
A lot is going on in this space and I will have some answers and timelines for a few of these cases, so let’s get to it. Ron Kennedy (not my client or case) As you know, Ron Kennedy’s license was put on probation with severe conditions a few months ago. I think many, most or all of the medical exemptions he wrote have been revoked because of the sanction order. Initially, he started to appeal the Board’s decision, but…
Okay, the UC vaccine COVID mandate came out. One commenter put it succinctly: “get vaccinated, get an exemption , or get fired.” That says it all. Anyone who has been reading my posts knows that I been saying this for weeks and months, that the mandate is going to take effect under emergency use status. It just does not make any sense any other way, i.e. to wait until full approval/licensure. What is surprising to me is that there are…
As anyone affiliated with the UC knows, the University announced that it will issue its final covid mandate policy on July 15th. Different segments of the community have received different communications depending on what school you are your children are affiliated with and whether you are a student or employee. I have received many requests for advice, but I tell everyone the same thing. First, I cannot give individual members of the UC advice or even those members who ask…
For those of you who want a blow-by-blow of what happened at Kelly’s Sutton’s hearing, you’re in luck because Kelly took very detailed notes of the first two days of the hearing. (She testified on the third and final day and so didn’t take notes). I think we made some excellent and needed points, but judge for yourself. Tomorrow I will post her notes from the second day of the hearing which contains the testimony of our other two experts,…
Now that I am finished with Kelly Sutton’s medical board hearing, (or at least the evidentiary part of the case), it is time to focus on the COVID mandate situation. (And by the way, if you are interested in the California medical exemption issue, you might want to consider donating to her legal defense fund. here is the link: https://gogetfunding.com/kelly-sutton-mds-legal-defense-fund-to-save-her-medical-exemptions/ The Lawsuits against the COVID mandate Most of you know about the two recent lawsuits against the COVID vaccine mandates,…
My friend, colleague, and vaccine law guru/whisperer (and co-counsel on the case) just published in Bobby Kennedy’s Defender a detailed account of the evidence in Kelly Sutton’s hearing. I think we got in our licks and made the case for caution and medical exemptions in the eight cases before the judge. When you try cases, you can’t always remember what you ask and how the witnesses respond, so thanks for this Greg. Much appreciated. RAJ “California Medical Board Hears Testimony…