Physicians for Informed Consent Successfully Obtains Federal Court Injunction Protecting Freedom of Speech Regarding COVID-19

Physicians for Informed Consent Successfully Obtains Federal Court Injunction Protecting Freedom of Speech Regarding...

Federal judge bars enforcement of California's COVID-19 "misinformation" law on grounds the new law is unconstitutionally vague.

Physicians for Informed Consent Successfully Obtains Federal Court Injunction Protecting Freedom of Speech Regarding COVID-19
Lead attorney Rick Jaffe, Esq., outside Robert T. Matsui Federal Courthouse in Sacramento, CA, after AB 2098 preliminary injunction hearing on Jan. 23, 2023.

With lead litigator Richard Jaffe, Esq., Physicians for Informed Consent (PIC), a nonprofit educational organization, succeeded this week in blocking the enforcement of AB 2098/Cal. Bus. & Prof. Code § 2270 (2:22-cv-01980-WBS-AC). 

The doctor-censorship law targeted supposed COVID-19 "misinformation" spoken to patients. The judge criticized the new law for its vagueness and granted the multiple plaintiffs' requests for preliminary injunction, thereby protecting all PIC members from enforcement of AB 2098—at least until the case, Hoang et al. v. Bonta, is finally decided. 

Senior Judge William B. Shubb of the Eastern District of California Court in Sacramento, in his preliminary injunction order, thoroughly dissected the meaning of AB 2098's definition of "misinformation" ("false information that is contradicted by contemporary scientific consensus contrary to the standard of care") and determined that it caused the statute to be "unconstitutionally vague." He wrote: 

  • "Put simply, this provision is grammatically incoherent." 
  • "The statute provides no means of understanding to what 'scientific consensus' refers."
  • "By its very nature, the standard of care applies to care, not information." 
  • "The statute improperly conflates 'information' with 'advice' or 'treatment.'" 
  • "More importantly, defendants' interpretation does nothing to address the chilling effect caused by the statute's unclear phrasing and structure."
  • "...drawing a line between what is true and what is settled by scientific consensus is difficult, if not impossible." 
  • "...because COVID-19 is such a new and evolving area of scientific study, it may be hard to determine which scientific conclusions are 'false' at a given point in time." 

Judge Shubb favorably referenced cardiologist, PIC member, and expert witness Dr. Sanjay Verma's declaration frequently in his preliminary injunction order to underscore the vagueness of AB 2098. For example, Judge Shubb wrote, "Dr. Verma cites numerous examples of contrary guidance provided by the CDC on the issues of masking and vaccination."

Dr. Shira Miller, PIC founder and president, was present at the hearing. After reading the Court's order, Dr. Miller shared her optimism: "We are grateful for the Court's decision and hopeful that soon all California physicians will be able to stop self-censoring and be able to communicate openly and honestly with their patients."

The court has not ruled yet on the merits of PIC's first amendment arguments, and until the case is decided only PIC members and Children's Health Defense, California Chapter, members are protected by the preliminary injunction, as well as the physicians in the related Høeg et al. v. Newsom lawsuit, as the Court expressly stated, "Pending final resolution of this action, defendants, their agents and employees, all persons or entities in privity with them, and anyone acting in concert with them are hereby ENJOINED from enforcing Cal. Bus. & Prof. Code § 2270 as against plaintiffs, plaintiffs' members, and all persons represented by plaintiffs." 

Physicians for Informed Consent is a 501(c)(3) tax-exempt nonprofit educational organization supported only by the generous contributions of our members and supporters. Click here to join today.

###

Contact Information:
Greg Glaser
General Counsel
[email protected]
925-642-6651


Original Source: Physicians for Informed Consent Successfully Obtains Federal Court Injunction Protecting Freedom of Speech Regarding COVID-19
Bistro Tables & Bases Providing Quality Furniture to Restaurant Owners Looking to Elevate Their Space

Bistro Tables & Bases Providing Quality Furniture to Restaurant Owners Looking to Elevate Their...

As a premier quality restaurant furniture company, Bistro Tables & Bases is offering exceptional commercial furniture for ultimate dining experience ...
CARROLL Announces Promotion Within Executive Leadership Team

CARROLL Announces Promotion Within Executive Leadership Team

The National Real Estate Investment Firm Promotes Rob Lester to Head of Investment Management, Supporting the Firm's Robust Growth Path

CARROLL Announces Promotion Within Executive Leadership Team
Rob Lester

Rob Lester

Coming off another year of significant growth in 2022, CARROLL, a national real estate investment firm, is continuing its reinvestment in the firm by announcing the promotion of Rob Lester, a member of the Firm's Executive Leadership Team, to the role of Head of Investment Management. Rob joined CARROLL in 2022 to lead its capital markets function and brought more than 25 years of real estate, capital markets, and investment experience to the Firm.

In this role, Rob will lead CARROLL's investment, asset management, development, capital markets, and investor relations teams, while contributing to the development and execution of the Firm's growth strategy across all investment strategies. More specifically, Rob will be directly responsible for expanding the Firm's U.S. residential real estate footprint, asset management, and worldwide growth of its capital markets function. Rob will also oversee the management of the Firm's recently launched recovery fund, Carroll Credit, targeted as a friendly source of capital to multifamily owners across the Sun Belt region.

CARROLL's President and COO David Perez said, "We are incredibly pleased to have someone on our executive leadership team of Rob's caliber and experience in the business. He will play an important role in leading our investment teams to ensure we continue our robust growth, especially as we manage through potentially challenging times."

"This appointment reflects the next generation of leadership at the Firm," said CARROLL founder Patrick Carroll. "Rob and our President/COO David Perez have both played critical roles in our success and this new alignment bolsters the already impressive credentials of the leadership team guiding the organization. Both are proven leaders and managers and I look forward to seeing them continue to accelerate the growth of the CARROLL platform." 

A capital markets and investment veteran, Rob Lester brings more than two decades of investment, banking and capital raising experience that includes developing, structuring, and financing innovative transactions and financial vehicles around the globe. Prior to joining CARROLL, Rob held executive and leadership positions within highly respected real estate and financial institutions, including Blackstone/Park Hill Real Estate, Macquarie Capital and Brookfield - after beginning his career in corporate investment banking with BNP Paribas and Deutsche Bank. 

###

ABOUT CARROLL

CARROLL, a privately held real estate investment firm, was founded in 2004 by Patrick Carroll. With headquarters in Atlanta, Ga., and regional offices in Dallas-Fort Worth, Raleigh, Denver, Miami, New York, and Los Angeles, CARROLL focuses on multifamily communities, including acquisitions, property and asset management services, ground-up development, and fund management. The Firm has raised more than $4.4 billion of equity through CARROLL-sponsored funds and joint ventures. CARROLL has successfully purchased, developed, or sold more than $20.9 billion in real estate.

The Firm manages approximately 30,000 multifamily units across eight states representing $7.1 billion in assets under management and has purchased other multifamily owner/operators throughout the U.S. CARROLL has also developed student housing, single-family residential, and retail communities, and has managed more than $500 million in construction projects throughout the past 10 years. From due diligence to execution, CARROLL has the internal capabilities and the external relationships to identify, underwrite, and close transactions. For more information, visit carrollorg.com.

Contact Information:
Erinn Larson
Marketing Communications Specialist
[email protected]


Original Source: CARROLL Announces Promotion Within Executive Leadership Team
Daniel J. Ocasio Earns 2023 Attorney of the Year Award

Daniel J. Ocasio Earns 2023 Attorney of the Year Award

Lawyers of Distinction names DJO Whistleblower Law Group's Daniel J. Ocasio as a Top Lawyer in the Industry

Daniel J. Ocasio Earns 2023 Attorney of the Year Award
Daniel J. Ocasio

Headshot of Daniel J. Ocasio

Professional organization Lawyers of Distinction has named DJO Whistleblower Law Group's Daniel J. Ocasio "Attorney of the Year" in their 2023 membership selection, recognizing him for Excellence in Federal False Claims law.

Lawyers of Distinction strives to recognize excellence in the practice of law. Members are chosen based on verifiable objective criteria such as years in practice and educational background and subjective criteria such as peer recognition and online testimonials.

The Lawyers of Distinction Selection Committee uses these criteria to determine a cumulative, minimum passing score of acceptance. Then, select nominated members are chosen based on a review and vetting process.

"This is an incredible honor, one that wouldn't be possible without the work of our dedicated team," said Daniel J. Ocasio, Managing Partner of DJO Whistleblower Law Group.

Ocasio is a former government prosecutor devoted to representing whistleblowers in actions filed under the Federal False Claims Act (FCA), SEC, CFTC, FCPA, IRS and other whistleblower programs.

Ocasio founded DJO Whistleblower Law Group (DJO) after his groundbreaking respiratory fraud case against Apria Healthcare Group in 2017. Ocasio served on the litigation team that secured a $40.5 million settlement after the Durable Medical Equipment provider was found to be using multiple fraudulent billing practices on non-invasive ventilators.

Since then, Ocasio has used this experience to fortify his team at DJO and continue fighting for justice by giving whistleblowers a safe platform to tell their stories and seek justice for U.S. taxpayers. The team is currently focused on the increase in Managed Health Care Fraud and exposing upcoding, fraudulent billing and inflated risk scores that are happening within Managed Care Organizations (MCOs).

DJO Whistleblower Law Group has successfully filed over 100 cases against some of the largest healthcare providers in the nation. Specifically, they aim to shed light on the following types of fraud:

DJO Whistleblower Law Group wants individuals to know that it's okay to speak their truth to enact change and demand justice.

"The thought of becoming a whistleblower can be stressful and daunting," said Christopher Piacentile, CFE and Director of Investigations. "My goal with any client is to help them make this courageous decision and bring a level of calmness when walking them through the rewarding process of blowing the whistle."

About the DJO Whistleblower Law Group

At DJO Whistleblower Law Group, our team of experts has significant experience and knowledge in assisting whistleblowers in various legal situations. We will be there every step of the way, ensuring we fight as aggressively as possible for our clients so that they can get the highest reward possible.

Learn more at https://whistleblowerlawfirms.com or follow Daniel J. Ocasio on LinkedIn.

Contact Information:
Jan Negron Duprey
Investigator
[email protected]
1-800-530-1591


Original Source: Daniel J. Ocasio Earns 2023 Attorney of the Year Award
Introducing the Residence Club at Rancho Santana on Nicaragua’s Pristine Emerald Coast

Introducing the Residence Club at Rancho Santana on Nicaragua’s Pristine Emerald Coast

Elite Alliance Facilitates Real Estate Sales for Beachfront Residences in a Five-Star Resort

Elite Alliance®, the leader in luxury fractional real estate, hospitality management, and vacation home exchange, launches a co-ownership Residence Club concept at world-renowned Rancho Santana. Rancho Santana is a resort and residential community located on the Pacific Coast of Nicaragua boasting 2,700 acres of rolling hills, five unique beaches, a variety of dining options, and activities from adventure sports to a menu of wellness offerings. The Residence Club at Rancho Santana is a series of three-bedroom beachfront residences that lie within the resort complex and offer all the comforts of home along with mesmerizing views of the beach, Playa Santana.

Elite Alliance Real Estate is leading the sales efforts for The Residences, bringing its 30+ years' experience in fractional real estate and a residence club co-ownership structure. The Residence Club offers a 1/8th ownership with unlimited year-round enjoyment of all Club Residences. Owners enjoy access to the resort and its concierge services, farm-to-table restaurants, on-site amenities, airport transfer, special owners discount on restaurants and selected adventure experiences, as well as membership into Elite Alliance Exchange.

"We are excited to present this Residence Club co-ownership model to Rancho Santana with the guidance from Elite Alliance, a partner of ours since the beginning of 2018," said Chris Currey, Executive Vice President of Real Estate at Rancho Santana. "The Residence Club at Rancho Santana is where like-minded individuals share ownership of luxurious private residences and enjoy abundant and flexible lodging throughout the year. It was important for me to provide the advantages of real estate ownership combined with our already well-established resort amenities and services, without the high cost, worries, and responsibilities associated with traditional absentee ownership."

Residence Club owners receive true real estate ownership and have access to all club residences within their residence category with the right to use a residence anytime, subject to the reservation policies. Owners are also able to send unaccompanied guests, rent unused vacation time to help offset ownership expenses, and exchange vacations with owners of other luxury homes and residence clubs in more than 120 international locations through the Elite Alliance Exchange program.

"The consistent feedback we receive from our existing Exchange Members who have visited the property is nothing short of exceptional," said Rob Goodyear, President of Elite Alliance. "The friendliness and service provided by the Guest Experience team coupled with the prime beach location are reasons why we decided to introduce The Residence Club concept to this extraordinary resort."

The open-air, three-bedroom residences sleep up to six guests. Each Residence has a fully equipped kitchen, dining room and living area, outdoor terrace or balcony, and shared access to an infinity edge swimming pool. They are located within walking distance of the Clubhouse, restaurants, and Playa Santana beach.

For more information on Elite Alliance, please visit www.elitealliance.com, or contact Rob Goodyear at [email protected].

###

Contact Information:
Rob Goodyear
President of Elite Alliance
[email protected]
214.393.2842


Original Source: Introducing the Residence Club at Rancho Santana on Nicaragua's Pristine Emerald Coast
Vertiport Operations to Soon Reach New Heights Through Siemens / Skyway Collaboration

Vertiport Operations to Soon Reach New Heights Through Siemens / Skyway Collaboration

Siemens\/Skyway Vertiport Concept Render SAN RAFAEL, Calif., January 26, 2023 (Newswire.com) - Siemens and Skyway are working together to determine the...
Destin Florida Magazine Hits the Shelves Across the Gulf Coast

Destin Florida Magazine Hits the Shelves Across the Gulf Coast

DESTIN, Fla., January 26, 2023 (Newswire.com) - Destin Florida Magazine is excited to announce its launch along the Gulf Coast. The magazine will be distribut...
More Than 600 Workplaces Recognized as Best Workplaces for Commuters

More Than 600 Workplaces Recognized as Best Workplaces for Commuters

2023 List Breaks All-Time Record 2023 Best Workplaces for Commuters 2023 Best Workplaces for Commuters logo TAMPA...
MCP Computer Products Celebrates 25th Anniversary as a Small Business Government Contractor

MCP Computer Products Celebrates 25th Anniversary as a Small Business Government Contractor

SAN MARCOS, Calif., January 26, 2023 (Newswire.com) - January 2023 marks the 25th anniversary of MCP Computer Products Inc., a growing certified Woman-O...
WoodWorks Releases Open-Source Mass Timber Installer Training Curriculum

WoodWorks Releases Open-Source Mass Timber Installer Training Curriculum

Training in the proper and safe construction of mass timber buildings now accessible to contractors, educators, and workers across the U.S. John W....