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Last Update: Monday, April 28, 2003 03:11 AM (Eastern Standard Time)
FIGUEROA LAWSUIT AGAINST DR. HULDA CLARK
DISMISSED BY SAN FRANCISCO SUPERIOR COURT JUDGE
In yet ANOTHER MAJOR VICTORY for Dr. Hulda Clark and the health freedom movement, San Francisco Superior Court Judge David A. Garcia DISMISSED a lawsuit filed on September 10, 1999 against Dr. Clark by Esther Figueroa and Jose Figueroa of New York.
The dismissal, which has been touted by Quackbuster and Stephen Barrett's Quackwatch web site comes as a MAJOR SETBACK and STUNNING DEFEAT to anti-health freedom forces and marks the culmination of months of Dr. Clark's defense of false charges.
The case, which languished for months, was vigorously defended by Dr. Clark, who denied all of the charges. Earlier this year, the same Judge sided with Dr. Clark in finding that the Figueroa case against her had no "no reasonable possibility of prevailing" and ordered the Figueroas to post a $20,000 bond if they wanted to continue the case. The Figueroas failed to posted the court ordered bond.
Shortly after the Figueroas were ordered to post a bond, their attorney, Christopher Grell, withdrew from the case leaving the Figueroas representing themselves in the case. Christopher Grell thereafter filed a personal lawsuit against Dr. Clark in Oakland. The Court in Oakland has already commented that his (Christopher Grell's) case has little merit. Attorney Grell has recently been sued, among other things, for Racketeering by New Century Press (publisher of Dr. Clark's books).
Once again, Dr. Clark has been vindicated.
Dr. Clark was represented by the LAW OFFICES OF CARLOS F. NEGRETE (HEALTH FREEDOM LAW).
Dr. Clark thanks all of the people that supported her during these past years and assures all that her vital work will continue.
JUDGE THROWS OUT LAWSUIT AGAINST ILENA ROSENTHAL
ORDERS BARRETT, POLEVOY & GRELL TO PAY HER ATTORNEY'S FEES
In another MAJOR victory for health freedom and Free Speech, the Court in Oakland tossed out the lawsuit that Stephen Barrett, Terry Polevoy and attorney Christopher Grell filed against ILENA ROSENTHAL.
This is a stunning, but not surprising, new development and defeat for the Quackbusters. Judge Richman also ordered that Barrett, Polevoy and attorney Christopher Grell pay for ILENA ROSENTHAL's attorney's fees and costs in bringing her motion.
In his ruling Judge Richman found that Grell had no evidence of wrongdoing on the part of Rosenthal and that Barrett and Polevoy lacked prerequisite evidence. The motion brought by Ms. Rosenthal was based on recently enacted California SLAPP (Strategic Lawsuits Against Public Participation) statute, which seeks to prevent lawsuits that are "brought primarily to chill the valid exercise of the constitutional rights of free speech and petition for redress of grievances." Judge Richman found that the Barrett/Polevoy/Grell lawsuit was that type of lawsuit.
Health Freedom Law applauds Ilena Rosenthal for her courage and determination and congratulates Attorney Mark Goldowitz of the CALIFORNIA ANTI-SLAPP PROJECT for his work in this case. We thank the both of you.
Full text of the ruling can be viewed by clicking Ilena Rosenthal Ruling on left panel or by clicking HERE.
NEW CENTURY PRESS FILES LAWSUIT AGAINST QUACKBUSTERS
Editorial Comment and Opinion by Carlos F. Negrete
After months of being subjected to Quackbuster predatory and menacing attacks, NEW CENTURY PRESS (the company that publishes the books and materials of Dr. Hulda Clark) filed a lawsuit against Stephen Barrett, M.D., Quackwatch.com, National Council Against Health Fraud and many other self-described "Quackbusters."
The lawsuit comes within days of the court ordered reopening of the Century Nutrition Clinic in Mexico.
To view the lawsuit, click Barrett vs. Clark on the left column or click here (ADOBE FORMAT). To view the lawsuit in HTML format, click here.
This case has been voluntarily dismissed by New Century Press.
Mexican Federal Judge Orders Century Nutrition Clinic Reopened
In another important development, a Mexican Federal Court in Tijuana, Mexico, has ordered the reopening of the the Century Nutrition Clinic pending a full trial on the charges imposed by the Health Department in Mexicali, Mexico (almost 100 miles away from Tijuana).
The Court sided with Century Nutrition's lawsuit asking that it be able to open pending a full trial on disputed charges of violations. Since the unannounced closure of the clinic last February 16, 2001, Century Nutrition has vigorously denied any charges of impropriety and has filed two lawsuits, in Mexico, against the Health Department and its officials.
Century Nutrition refused to pay fines to the Health Department that it maintained were unwarranted, excessive and unconstitutional.
The Court action has been heralded as a milestone in alternative medicine law in Mexico and is the first of its kind in this court. As with her cutting edge discoveries, Dr. Clark's legal team is providing breakthroughs in health freedom law in this country.
The clinic will soon be fully functional providing much needed services to Dr. Clark enthusiasts and supporters.
Dr. Clark and her legal team deliver another victory for health freedom.
More news to follow.... This story is developing.
Stephen Barrett, M.D. Dismisses Libel Lawsuit against Dr. Joseph Mercola, D.O.
Editorial Comment and Opinion by Carlos F. Negrete
Longtime critic and foe of alternative medicine, Stephen Barrett, M.D., has asked the Court in Lehigh County, Pennsylvania, to dismiss the libel lawsuit that he filed against Dr. Joseph Mercola, D.O.
The lawsuit stemmed from allegations that Barrett was defamed by internet postings by Tim Bolen. Barrett alleged that Dr. Mercola was responsible for defamation and "damage to reputation" because he had posted Tim Bolen's editorial and opinion comments on http://www.mercola.com .
Soon after the lawsuit was filed, Dr. Mercola engaged the LAW OFFICES OF CARLOS F. NEGRETE along with THE HEALTH FREEDOM LEGAL DEFENSE COUNCIL to act as his lead attorneys in the defense of the case. Along with local Pennsylvania counsel, Dr. Mercola filed objections to Barrett's lawsuit.
The hearing on the objections was set for June 26, 2001. The dismissal was announced only one day prior to the Court hearing. Barrett's counsel had submitted the request for dismissal a few days prior to the disclosure.
To view the documents, click on Barrett vs. Mercola on left window or here.
Alternative Medicine & Health Freedom Related Legal Cases
Editorial Comment and Opinion by Carlos F. Negrete
This web site contains several cases that are being litigated in different parts of the country relating to health freedom issues and alternative medicine. Several of the cases reported on this site involve Dr. Hulda Clark and Century Nutrition. However, there are other cases reported that concern lawsuits filed by Dr. Stephen Barrett and other opponents of alternative medicine.
Dr. Clark has taken a leading role in the crusade against those who want to challenge an individual's right to make well-reasoned intelligent choices as to whether he/she elects alternative medicine versus traditional medicine as a therapy for their wellness or ailments. It is our opinion that each individual has the fundamental right to elect the nutrients and therapies that they have determined best meets their own personal research, investigation, beliefs, philosophies, metabolism, religious concerns and well-being.
The cases reported in this web site involve several disputes between advocates of differing viewpoints on the traditions of alternative medicine and health choice. You are invited to review the information and documents contained in this site and make you own determinations and conclusions.
It is the phenomenal growth of alternative therapies that has energized a spirited discussion of the efficacy of alternative medicine. Unfortunately, there are those traditional medicine advocates that believe that they "know better" and would like to block the growing popularity of natural healing methods. They seem to want to ridicule alternative medicine and stop the free flow of information spreading through the internet. These heresyphobics engage in constant tactics to discredit what they do not understand with the same reckless abandonment of a drive-by shooter. One can only speculate as to their true motives and ask: What are they afraid of? Is it that perhaps alternative medicine works and people ARE really being cured?
Quite frankly, if they don't like the natural products that we decide to incorporate in our health regimen, then just leave us alone. They can keep popping Prozac to alleviate their patronizing anguish over us and turn to radiation when their bodies succumb to cancer. Cancers that were caused by the toxins that they deny even exist.
These self-appointed "medical experts" fail to recognize that natural healing, and the methods used by alternative treatment advocates, has a longer and more established history than does mainstream allopathic medicine.
I am reminded of an HMO case that went to trial several years ago. In that case, one of the directors of the HMO testified that he followed the "golden rule" when it came to which treatments the HMO would accept and pay for. When asked what the "golden rule" meant, he testified that "he who owns the gold RULES." Yes, the opponents of alternative medicine are better funded and equipped to challenge the health freedom movement. Fortunately, they may have the bucks, but our numbers are growing. At some point, the big lie will get out and then people will start realizing who is killing whom.
We, on the other hand, are committed to allowing the public to receive all of the information available in order to allow them to decide for themselves what is best for their bodies.
If the battle for health freedom must be fought in a court of law, then so be it. The alternative therapy community is ready to stand by its knowledge and established modalities against narrow-minded medical militants.
Information Contained in this Site
Unless otherwise stated, the information and documents contained in this site are actual court proceedings, events and/or the actual court filings or documents that are substantially similar to the originals that have been filed with the respective courts or governmental entities.
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