couldn’t have said it better! https://www.linkedin.com/posts/ray-l-flores-ii-8b302b15_chd-files-motion-to-prevent-california-from-activity-7006860507873755136-ZepV?utm_source=share&utm_medium=member_desktop Rick Jaffe, Esq.
Yesterday afternoon, we filed the initial papers for a preliminary injunction in our lawsuit challenging Cali. AB 2098, the misinformed Covid misinformation bill which is set to take effect on January 1st. The hearing is set for January 17th before District Judge Dale A. Drozd, who currently doing law and motion hearings (like out motion) by Zoom. But the date and judge are a bit up in the air because our case is “related” to the Hoeg v. Newsom case…
Thursday afternoon, December 1st, we filed a lawsuit challenging California AB 2098 on behalf of a California osteopathic physician, LeTrinh Hoang, Physicians for Informed Consent, and Children’s Health Defense (California chapter). Here is the complaint: complaint Bobby K. and Mary Holland are working on the case with me (and my usual compatriots). Mary is working on the preliminary injunction motion as I write this. We expect to be before a federal judge in mid-January. Our case is somewhat different from…
Federal District Judge Slaughter denied the Plaintiffs’ Motion for a Preliminary Injunction stopping AB 2098 from going into effect and dismissed the complaint on standing grounds. However, he did give the Plaintiffs leave to refile to correct the standing defect. Here is the decision. Slaughter’d This was not a close case, and it’s not about the system being against people with a particular belief. The Plaintiffs did not adequately plead that they had the right to challenge the law. I…
Yesterday was the hearing/oral argument in the first challenge to Cali AB2098, the Covid misinformation bill. The case is McDonald v Lawson which is in Federal Court in the Central Disrict of California (Los Angeles). For such a big case, I thought the hearing was not very long and more tellingly, it focused on one issue only, standing, which is the suitability of the plaintiffs to bring the lawsuit. And frankly, I think that says it all. If the judge…
As you all know, on September 30th, Governor Newsom signed AB 2098, which created a sort of “new” Covid misinformation/disinformation law. I put “new” in quotes because the Medical Board took the position during the legislative process as well as in response to the first lawsuit challenging the law, that it already had the power to sanction physicians for spreading Covid misinformation to patients under its general powers. I personally think that’s a dubious proposition, but I suppose it does…
As I’ve stated in many of my AB 2098 posts, there will be several lawsuits challenging AB 2098. The first one was filed a couple of days ago. The plaintiffs are a psychiatrist who is already under investigation for public Covid misinformation to the public. The other plaintiff is a well-known physician activist who has a concierge practice in Orange country. I’ve seen the complaint, but I don’t think the preliminary injunction papers have been filed yet. I have been…
Perhaps by coincidence or lucky timing, six days after we filed the lawsuit against the Cali. Medical Board for investigating Doug Mackenzie for “covid misinformation,” the Board send him a letter saying that it was closing its investigation (which investigation was commenced in December 2021). I figured that would happen. So, today I filed an amended complaint adding a physicians’ group (Physicians for Informed Consent) as a plaintiff, to help rebut the anticipated argument that our lawsuit was moot. Here…
For my preliminary injunction motion in Mackenzie v Prasifka, I’d like to follow up something I talked about in the complaint and list all the ways the CDC and infectious disease experts got it wrong and had to reverse court and how subsequent studies confirmed things that the critics had been saying all along based on case reports and statements by line physicians. The point to be made is that whatever mistrust the pubic has about the vaccines or the…
I’ll be on Robert’s show today discussing the Mackenzie v. Prasifka (the ED of the Cali Medical Board). I’ll go into how I see the case going and why I think this case will end up at the Supremes in the next six-eight months. here is the link to listen to the show. http://www.robertscottbell.com/listen/ I don’t think there is a call-in portion. So: I think I’ll do a live Zoom broadcast on Friday to talk about the case and some…