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May 2023
United States
1. Robert Kennedy Jr. et al. v. Elizabeth Warren
The 9th Circuit found that the district court did not abuse its discretion in denying the plaintiffs’ request for a preliminary injunction against Senator Warren and her letter requesting that Amazon reevaluate its business practices regarding COVID-19 misinformation and report back any changes. The court also found that Senator Warren never stated or otherwise implied that there would be any adverse consequences if Amazon failed to comply with her request.
2. CHD v. Rutgers
Arguments for the appeal of the dismissal are set for June 27, 2023. As of May 16, 2023, booster doses will no longer be required unless an individual falls within the “Covered Individual” definition outlined in University Policy 100.3.1. So the argument will be interesting.
3. McNeil v. Rethy
The complaint alleges that even though the doctor knew the mother was waiting outside the ‘treatment room,’ Dr. Rethy vaccinated her children without Ms. McNeil’s parental consent. An answer was filed on behalf of the Doctor. Discovery has begun.
4. Medical professionals for informed consent hearing in NY
Children’s Health Defense (CHD) won a major victory for medical freedom when New York State — in response to a CHD-sponsored lawsuit brought by attorney Sujata Gibson — repealed the state’s COVID vaccine mandate in open court. The mandate threw 34,000 out of work and crippled the healthcare system.
It is unclear at this time if the lower court’s injunction will be allowed to remain or if it will be vacated by the appellate court ruling the matter moot. Last week’s win proves once again how critical CHD’s legal work is to this movement — but there are still many court battles to win.
EMR
1. Cohen v. Apple
This month, the U.S. Supreme Court decided against hearing a lawsuit for which we filed an amicus brief supporting the plaintiffs. The plaintiffs were asking the Supreme Court to decide if the Federal Communication Commission’s (FCC) cellphone radiation guidelines preempted state safety and health laws.
2. Pittsfield Board of Health v. Verizon
We finalized building the administrative record. The motion to dismiss hearing occurred on April 6, and we await judgment.
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