The Bolen Report is the archive for the infamous "Millions of Health Freedom Fighters - Newsletter," Health Care Crisis Management Consultant, and Consumer Activist, Tim Bolen's RUTHLESS, but humorous, analysis of North America's Health Care System.

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More Articles About the Doctor's Data versus Stephen Barrett Federal Court Case

Doctor's Data Laboratory Files Federal Lawsuit Against Barrett, Quackwatch, NCAHF, Consumer Health Digest... 6/25/10

I Love the Smell of Napalm in the Morning... 7/2/10

Barrett Has Not Even "Lawyered-Up" Yet...  7/4/2010

Barrett Has Four Days Left - Then He Goes to Default...  7/8/10

Quackpots in a Tizzy Over Barrett Getting Sued...  7/9/10

Barrett and NCAHF Gasping for Breath Over Doctor's Data Lawsuit?  What's Next?  7/16/10

Doctor's Data Shows Mercy to Stephen Barrett... I'm VERY Disappointed...  7/30/10

Quackwatch, Inc Fails To Respond... 8/3/10

Federal Summons Issued For NCAHF...  8/18/10

Barrett Lawyers Up - Sort Of... 8/21/10

Has Stephen Barrett's "Puppet Master" Appeared?  8/25/10

Botts and Barrett - Fumble Bumble Stumble Jumble...  8/27/10

Stephen Barrett, et al, Fear RICO...  8/31/10

"Igor" Not In Evidence - No Lead Attorney For Barrett - Yet...  9/9/10

Is Terry Polevoy the Information Source for Doctor's Data?...  9/12/10

Doctor's Data v Barrett "Second Amended Complaint" to be Filed - and More... 918/10

Why the Doctor's Data v Barrett case is important to North America... 9/22/10

Barrett Gets the Attorney He Deserves... 9/29/10

While We're Waiting...   10/5/10

Barrett Responds to Doctor's Data v Barrett Lawsuit...  10/10/10

The Doctor's Data v. Barrett, et al, case - a Summary to Date... 11/19/10

Quackbusters:  Their Fear is Palpable... 10/22/10

Doctor's Data V Barrett, et al - The NCAHF Board Members are Screwed - REALLY Screwed...  11/30/10

Captain Screwloose (Stephen Barrett) Runs For Cover... 12/14/10

Are Barrett's Handlers About to Buy Off Terry Polevoy?  12/29/10

Barrett's "Battle of the Bulge" Begins...  1/7/11

Trine "Two Shoes" Tsouderos - Barrett's Tokyo Rose...  1/25/11

Pissy Pimple-Popper Polevoy Patently Purchased?...  2/6/11

Barrett's Sweaty Desperation...  3/8/11

Stall, Stall, Stall - Stephen Barrett in a Diarrhea Panic?  He Should Be, For the Worst Is Yet To Come...  3/23/11

Attorney Botts MISSING - Barrett's Legal Life In Hands of Rookie...  3/28/11

"Assisting Government" - The New Legal Argument for Nutbags...  3/30/11

Stephen Barrett May Soon Need a "Food Taster?"... 6/18/11

New Court Document Entered:  Barrett on Knees, Whimpering, Begging for Mercy... 6/26/11

Doctor's Data Responds to Barrett Legal "Whimpering"...  7/9/11

Doctor's Data v Barrett - Why the Wait? 10/9/11

Santa Claus Delivers Stephen Barrett's Ass On a Platter... 12/23/11

Barrett SCREECHES Over Doctor's Data Settlement Offer....  1/12/12

Doctor's Data Seeks Federal Court Shutdown Order for Barrett-Quackwatch-Skeptics... 4/19/12

Federal Court Puts Barrett-Quackwatch-Skeptics "On Notice..." 4/30/12

Could the Doctor's Data "Protective Order" Actually Shut Down Barrett, Quackwatch, and the Skeptics? 4/21/12

Cornering a Rat... An Update on the Doctor's Data v Barrett Federal Court Case 6/10/2012

"We Interrupt This Broadcast..." Total Victory in Texas - Austin Autism Care Clinics' Jesus Caquias MD Totally Exonerated... 8/7/12

Doctor's Data v Barrett Update - 8/8/12

Doctor's Data v Barrett Case  - The Discovery Dam Has Been Burst... Part One:  The privilege removal. 9/8/12

Doctor's Data v Barrett Case  - The Discovery Dam Has Been Burst...  Part Two:  The Financial Documents  9/12/12

Doctor's Data v Barrett Case  - The Discovery Dam Has Been Burst... Part Three:  Just when you think it couldn't get any better...  It does. 9/13/12

Doctor's Data v Barrett Case  - The Discovery Dam Has Been Burst... Part Four:  Judge orders Barrett to bare his.... 10/2/12

Doctor's Data v Barrett Case  - The Discovery Dam Has Been Burst... Part Five:  Sorry - I can't volunteer to help look at Barrett's Tax Returns in Chicago... 10/4/12

Doctor's Data v Barrett Case - January 2013 Update... 1/16/13

Federal Court Forces Barrett  Deposition... What Fun Life Can Be... 2/4/13

Barrett's Calamitous Legal Defense Against Doctor's Data... A Foison of Frequent Frantic Floppy Floundering in Fluff and Flummery... 5/9/13

Doctor's Data Asks Court for "Protective Order"...  They want to keep their "Expert Witnesses" Alive and Well...  8/7/13

Federal Court Puts Barrett/Quackwatch/Skeptics "On Notice..."

Opinion by Consumer Advocate  Tim Bolen 

Monday, April 30th,  2012

 

The Skeptics (pseudo-skeptics) are pretty much in a panic.  Suddenly, not all that long ago. they began conducting the equivalent of online legal training, amongst themselves, trying to clean up their organizational assault so they don't, either individually, or in a group, get sued.

There is no doubt that a series of lawsuits, directed at their activity, has them spooked.

The most obvious of those lawsuits, of course, is the Doctor's Data v Barrett, et al, federal court case.  The second, by my analysis, is the Wakefield v Brian Deer, et al, case in Austin, Texas.  There are others, but they pale in comparison to these two.  And, more importantly, the pseudo-skeptics fear that this crop of lawsuits will grow into a wave of legal assaults against them across North America. 

Their fear is well grounded.

As you know, I have been writing a series of articles not only outlining the activities of this batch of nefarious internet lurkers, but identifying who they are, how they are funded, and what kind of people provide leadership within their organization.

The information is not pleasant for normal people to read.

What is really interesting about the organized pseudo-skeptic assault is that the assault itself is billed by a from-the-top-down approach as "free speech."  For instance, the Amherst, New York based Center For Inquiry (CFI), using its massive secret funding, last August 11th, 2012, hired an attorney, Steve Fox, who, they describe:

"A native of Buffalo, New York, Fox has been active in supporting First Amendment causes and projects, primarily on free speech and religious freedom issues. Prior to building an international private practice focused on intellectual property law, he clerked for the U.S. House of Representatives and for a Philadelphia judge. He is considered by many to be Western New York’s foremost expert on copyright, privacy, and internet law." 

Why would CFI hire an attorney for this?  Probably for two reasons:  (1)  Stephen Barrett claimed that he, Barrett, was engaging in "Free Speech" when he attacked Doctor's Data, and filed a Motion to Dismiss making such a claim - but the Federal Court threw that claim back in his face, ordering Barrett, and the other Defendants to trial.   There are limits to what defines "Free Speech." (2)  CFI takes in secret money, lots of it, and uses it for secret purposes, many of which are slowly being revealed.  For instance, CFI, pretending consumer-based benevolent "skepticism" is attacking the science of Homeopathy, very publicly.  See below:

"The Canadian affiliate of the Center for Inquiry (CFI) recently announced that it is lending its scientific support to assist with a monumental $30 million lawsuit against two Canadian retailers for their peddling of a useless homeopathic product in violation of consumer protection laws. Oscillococcinum, a product marketed as a remedy for flu-like symptoms, is in reality merely sugar water with no medicinal properties whatsoever (other than a possible placebo effect). The lawsuit is being filed against Shoppers Drug Mart and Boiron Canada for their sale and marketing of this product.

Meanwhile, CFI stands ready to support similar cases here in the United States. CFI is willing to assist individuals who believe they have been defrauded or otherwise harmed through the marketing of homeopathic products. If you are interested in discussing the possibility of pursuing legal remedies, please contact Steven Fox, CFI’s Legal Director. (Note: This inquiry does not constitute a binding offer of legal services.)

“People are unconscionably being misled in their time of greatest vulnerability: when they’re sick,” said Ron Lindsay, President and CEO of CFI. “We intend to stand up for consumers and their right to be told the truth about the medicines they spend their hard-earned money on. We will take the fight to the perpetrators of homeopathic fraud in the media, in legislatures, and yes, in the courts.”

CFI and its affiliate organization the Committee for Skeptical Inquiry recently filed a petition with the Food and Drug Administration requesting that the agency institute regulations that would require over-the-counter homeopathic drugs to meet the same standards of effectiveness as conventional drugs, which is currently under consideration [PDF]. Although the FDA has the authority to require homeopathic drugs to undergo testing for effectiveness, it has to date declined to do so.

The Center for Inquiry, a nonprofit educational, advocacy, and research organization based in Amherst, New York, is also home to the Council for Secular Humanism and the Committee for Skeptical Inquiry. The mission of the Center for Inquiry is to foster a secular society based on science, reason, freedom of inquiry, and humanist values."

Well, doesn't THAT sound special? - (sarcasm intended).  CFI's declared Mission, written on its IRS Form 990 is:

"Held world congress and training session, conducted seminars, and secured grant for library expansion." 

In short, what I think is happening here is that the-powers-that-be have abandoned the old  Barrett-Quackwatch-NCAHF misinformation model in favor of a better funded Amherst, New York based situation.

Meet Quackwatch's proposed replacement...

People Who Live In Glass Houses Should Not Throw Stones...

I have to laugh here.  Why?  If anyone, anywhere, were the epitome of the meaning of the old adage "People Who Live in Glass Houses Should Not Throw Stones" it would be the pseudo-skeptics.  I'm not going to enlarge on that right now.  Instead, I'm going to tell you what recently happened in Federal Court.

Last week I wrote about the "Protective Order" sought by Doctor's Data against Barrett, his minions, and hangers-on due to their Witness Intimidation activities in the Doctor's Data v Barrett, et al, federal court case..  Then I wrote a follow-up article.

Now for the funny part.  You wouldn't believe how upset the pseudo-skeptics became with me after those articles.  These nitwits just cannot take being told the truth about life.  Peter Bowditch, after reading my message, practically swore he would violate any court order he didn't like.  He said "Come and get me..."  However, as pseudo-skeptics usually get, when push comes to shove, once I asked Bowditch to verify that he, in fact, INTENDED to violate the Judge's Order, he suddenly became silent on the subject. 

One thing I have noticed is that the pseudo-skeptics are not known for bravery.   "Macho" is not a term used to describe pseudo-skeptics.  Not hardly.  For the most part these people hide behind fake internet names - afraid to come out of the closet, so to speak.  Most have several internet names. These, in their anger at me, flung their wrists around.

So, meanwhile, back at the ranch...

What happened, you ask, in federal court?  Did the judge grant Doctor's Data's "anti-chill" Motion?

The answer:  Yes, and No. I'll let you read what the judge said just below.  I REALLY liked the Order.


"MINUTE entry before Honorable Edmond E. Chang: Plaintiff's motion for protective order [105] is granted only to the extent of the Agreed Order, and denied as to the additional proposed "anti−chill" provision. That proposed provision is in effect a prior restraint on speech that would require the most extraordinary of justifications, which has not been shown here. First, no affidavits have been submitted (even ex parte and under seal) from the allegedly intimidated witnesses. Second, rather than leap to a measure as restrictive as a prior restraint, Plaintiff first must try other discovery methods to elicit evidence, including compulsory process such as subpoenas and deposition notices. Third, if a particular instance of intimidation is proven−−and Plaintiff will be given every opportunity to do so on a witness−by−witness basis−−then the Court can act based on facts and levy the appropriate sanctions. Thus, the additional provision will not be entered."
 

In other words the judge is indicating that he sees the problem, and is more than willing to act quickly, and thoroughly, once he sees evidence of a violation.

So, the pseudo-skeptics are trapped - not only during the case, but after it.  It is easy to legally link the pseudo-skeptics to Barrett and the other Defendants.  Since most of the Discovery provided by Doctor's Data is under Court Seal, if even one of Doctor's Data's witnesses, client health providers, or patients gets even approached by Barrett's "aiders-and-abettors," the court can hold ALL of them in Contempt.

Perfect...

"Contempt of Court" charges would have serious consequences for Barrett, his minions, and "aiders and abettors (pseudo-skeptics)," a term described below. 

Indirect Criminal Contempt—Persons Against Whom the Action May Be Commenced

To be held in criminal contempt for violation of a court order, the defendant must be an original party, one legally identified with an original party, or an aider and abettor of one of the above enumerated persons. Backo v. Local 281, United Brothers of Carpenters and Joiners, 438 F.2d 176, 180-81 (2d Cir. 1970), cert. denied, 404 U.S. 858 (1971); Reich v. United States, 239 F.2d 134, 137 (1st Cir. 1956), cert. denied, 352 U.S. 1004 (1957). But see Manness v. Meyers, 419 U.S. 449 (1975) (attorney giving good faith legal advice not to be found in contempt).

 

Stay tuned.

Tim Bolen - Consumer Advocate

 

 
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