• Over the past few decades, the dramatic increase in autism spectrum disorders (ASD), now diagnosed in 1 in every 36 children, A closer look at government statistics reveals alarming trends in children’s health that go far beyond better diagnostics. Since the early 1990s, there have been staggering increases in several chronic conditions: ADHD rates have risen by 890 percent. The media compounds the issue by amplifying the official narrative while systematically excluding dissenting voices. This failure of transparency has allowed federal health agencies like the CDC, NIAID, and HHS to evade accountability.
    https://www.globalresearch.ca/autism-made-usa/5874947
    Over the past few decades, the dramatic increase in autism spectrum disorders (ASD), now diagnosed in 1 in every 36 children, A closer look at government statistics reveals alarming trends in children’s health that go far beyond better diagnostics. Since the early 1990s, there have been staggering increases in several chronic conditions: ADHD rates have risen by 890 percent. The media compounds the issue by amplifying the official narrative while systematically excluding dissenting voices. This failure of transparency has allowed federal health agencies like the CDC, NIAID, and HHS to evade accountability. https://www.globalresearch.ca/autism-made-usa/5874947
    WWW.GLOBALRESEARCH.CA
    Autism, Made in the USA
    Over the past decades, the dramatic increase in autism spectrum disorders (ASD) has been attributed to improved definitions for ASD and diagnostic tools.
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  • USAA Punished for it Claims Handling

    Punitive Damages Should be Awarded With Caution and Within Narrow Limits

    Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts.

    Posted on December 19, 2024 by Barry Zalma

    DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH

    Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes.
    FACTS

    Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood.

    The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages.

    In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims.

    The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error.

    Trial

    To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding.

    Punitive Damages

    Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights.

    Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced.

    USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here.

    The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell.

    A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees.

    CONCLUSION

    In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid.

    ZALMA OPINION

    This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA.

    In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    USAA Punished for it Claims Handling Punitive Damages Should be Awarded With Caution and Within Narrow Limits Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. Posted on December 19, 2024 by Barry Zalma DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes. FACTS Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood. The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages. In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims. The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error. Trial To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding. Punitive Damages Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights. Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced. USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here. The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell. A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees. CONCLUSION In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid. ZALMA OPINION This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA. In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
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  • Books can profoundly change one's perspective on life by opening up new worlds of thought, offering unique insights into human nature, and challenging preconceived notions. Here’s how they might do this:

    Exposure to Different Cultures and Experiences
    Books provide a window into lives vastly different from our own. Reading about diverse cultures, traditions, and experiences can foster empathy and broaden our understanding of the world.

    Philosophical and Ethical Reflections
    Works like those of Plato, Nietzsche, or modern thinkers often question our beliefs and values, prompting introspection about what truly matters in life.

    Emotional Resonance and Connection
    Fictional stories allow readers to connect deeply with characters, making us more aware of the complexities of emotions and relationships.

    Practical Wisdom and Skills
    Non-fiction books offer actionable insights on topics ranging from self-improvement to history, science, and psychology, which can reshape priorities or habits.

    Inspiration and Motivation
    Memoirs or stories of resilience (e.g., Viktor Frankl’s Man’s Search for Meaning) can inspire people to overcome their struggles or live with greater purpose.

    Challenge to Worldviews
    Books that confront controversial or unfamiliar topics can spark critical thinking, encouraging readers to question their beliefs or biases.
    Books can profoundly change one's perspective on life by opening up new worlds of thought, offering unique insights into human nature, and challenging preconceived notions. Here’s how they might do this: Exposure to Different Cultures and Experiences Books provide a window into lives vastly different from our own. Reading about diverse cultures, traditions, and experiences can foster empathy and broaden our understanding of the world. Philosophical and Ethical Reflections Works like those of Plato, Nietzsche, or modern thinkers often question our beliefs and values, prompting introspection about what truly matters in life. Emotional Resonance and Connection Fictional stories allow readers to connect deeply with characters, making us more aware of the complexities of emotions and relationships. Practical Wisdom and Skills Non-fiction books offer actionable insights on topics ranging from self-improvement to history, science, and psychology, which can reshape priorities or habits. Inspiration and Motivation Memoirs or stories of resilience (e.g., Viktor Frankl’s Man’s Search for Meaning) can inspire people to overcome their struggles or live with greater purpose. Challenge to Worldviews Books that confront controversial or unfamiliar topics can spark critical thinking, encouraging readers to question their beliefs or biases.
    0 Σχόλια 0 Μοιράστηκε 81 Views
  • Rob Skiba FEIC 2019 - Part 1 Testing the Globe:
    Who Really Has The Intellectual High Ground?

    If you are sincerely seeking the #Truth YOU'LL FIND IT!
    If you want to know why the entire WORLD has realized the Earth is truly FLAT & Level then you need to watch this video series by Rob Skiba!

    Unlike #Jaranism and #DITRH and #EricDubay, Rob takes a look into the Flat Earth versus the Globe in a biblical way. And Rob is also a great teacher! That is exactly why they killed him!

    Rob's wife passed away yesterday (I believe)
    Which I hate to hear

    Rob does a deep dive into ALL THINGS #Globe versus #FlatEarth!
    And he tells you up front to "Not believe a word he says"

    He is simply sharing INFORMATION that is helpful to know when YOU are looking into the TRUTH! This is BY FAR the best FE series out there!

    My condolences to Jeremiah Skiba,
    I hate hearing that now he has lost his mom too

    Rob was truly a "Warrior of TRUTH" and there's no doubt in my mind... He was sent to us from above with a message!

    https://youtu.be/vXZzqwJ9KZM
    Rob Skiba FEIC 2019 - Part 1 Testing the Globe: Who Really Has The Intellectual High Ground? If you are sincerely seeking the #Truth YOU'LL FIND IT! If you want to know why the entire WORLD has realized the Earth is truly FLAT & Level then you need to watch this video series by Rob Skiba! Unlike #Jaranism and #DITRH and #EricDubay, Rob takes a look into the Flat Earth versus the Globe in a biblical way. And Rob is also a great teacher! That is exactly why they killed him! Rob's wife passed away yesterday (I believe) Which I hate to hear Rob does a deep dive into ALL THINGS #Globe versus #FlatEarth! And he tells you up front to "Not believe a word he says" He is simply sharing INFORMATION that is helpful to know when YOU are looking into the TRUTH! This is BY FAR the best FE series out there! My condolences to Jeremiah Skiba, I hate hearing that now he has lost his mom too Rob was truly a "Warrior of TRUTH" and there's no doubt in my mind... He was sent to us from above with a message! https://youtu.be/vXZzqwJ9KZM
    0 Σχόλια 0 Μοιράστηκε 266 Views
  • https://www.undergroundusa.com/p/yep-still-the-smartest-guy-in-the

    #Trump #DeepState #RINO #Biden #Election #Bureaucracy #MAGA #Disinformation #Media #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
    https://www.undergroundusa.com/p/yep-still-the-smartest-guy-in-the #Trump #DeepState #RINO #Biden #Election #Bureaucracy #MAGA #Disinformation #Media #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
    WWW.UNDERGROUNDUSA.COM
    Yep… Still The Smartest Guy In The Room
    How did President-elect Trump become a billionaire? How did Donald J. Trump, billionaire businessman, bestselling author, mega-successful TV star, become President of the United States in 2016? How did President-elect Trump defy, confront, and prevail over a malevolent Deep State cabal, an American government steeped in collusion, a craven leftwing media, and a mountain of lawfare attacks to win––overwhelmingly––his second bid for POTUS?
    0 Σχόλια 0 Μοιράστηκε 116 Views
  • The Mena Connection- Official Digital Version

    The Broward County Sheriff's Office COOKED CRACK COCAINE, then sold it to drug addicts in school zones, so they could lock those drug addicts away for a LONG TIME because of the stiff penalties for having drugs in a school zone!

    Now these thin blue line #Criminals admit, and ARE GUILTY of selling drugs in a school zone, and manufacturing the drugs!

    But they put some poor drug addict in jail???
    Seriously???

    I'll share that story.... THIS STORY is about how the drugs arrived in the US to begin with. The #CIA has ALWAYS brought the drugs into the US! They use the proceeds to fund their other unlawful activities! Every last employee of the CIA should be in jail, just like any other American would be for the SAME THING!

    The CIA is basically #Mossad in the US
    They conduct CRIMINAL OPERATIONS around the world and all around the United States! They are the REAL CRIMINALS

    It's just another example of "Rules for thee, but NOT for me"
    Our two-tiered system of #Injustice (The "Just US" System)


    https://youtu.be/r-xtMjkul0c
    The Mena Connection- Official Digital Version The Broward County Sheriff's Office COOKED CRACK COCAINE, then sold it to drug addicts in school zones, so they could lock those drug addicts away for a LONG TIME because of the stiff penalties for having drugs in a school zone! Now these thin blue line #Criminals admit, and ARE GUILTY of selling drugs in a school zone, and manufacturing the drugs! But they put some poor drug addict in jail??? Seriously??? I'll share that story.... THIS STORY is about how the drugs arrived in the US to begin with. The #CIA has ALWAYS brought the drugs into the US! They use the proceeds to fund their other unlawful activities! Every last employee of the CIA should be in jail, just like any other American would be for the SAME THING! The CIA is basically #Mossad in the US They conduct CRIMINAL OPERATIONS around the world and all around the United States! They are the REAL CRIMINALS It's just another example of "Rules for thee, but NOT for me" Our two-tiered system of #Injustice (The "Just US" System) https://youtu.be/r-xtMjkul0c
    0 Σχόλια 0 Μοιράστηκε 196 Views
  • https://rumble.com/v60anre-perhaps-these-arent-the-drones-were-looking-for.html

    #Drones #DoD #Nuclear #Surveillance #Spying #Trump #DeepState #RINO #Biden #Election #Bureaucracy #MAGA #Disinformation #Media #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
    https://rumble.com/v60anre-perhaps-these-arent-the-drones-were-looking-for.html #Drones #DoD #Nuclear #Surveillance #Spying #Trump #DeepState #RINO #Biden #Election #Bureaucracy #MAGA #Disinformation #Media #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
    Like
    1
    0 Σχόλια 1 Μοιράστηκε 154 Views
  • Justice Ketanji Jackson performs in LGBT Broadway show
    https://catholicvote.org/justice-ketanji-jackson-performs-in-lgbt-broadway-show/

    CV NEWS FEED // Justice Ketanji Jackson performed Dec. 14 a walk-on role in the Broadway show “& Juliet,” a musical spin-off of “Romeo and Juliet” featuring a non-binary character who marries Juliet’s ex-fiance.

    The show took place at Steven Sondheim Theatre in New York.

    Justice Jackson commented in a CBS interview, “It’s a story about female empowerment and women’s ability to do what they want to do, to control their own destiny. I think it’s a wonderful message, and obviously very fun.”

    The interview included video clips of her acting and singing in the role written specifically for her.
    Justice Ketanji Jackson performs in LGBT Broadway show https://catholicvote.org/justice-ketanji-jackson-performs-in-lgbt-broadway-show/ CV NEWS FEED // Justice Ketanji Jackson performed Dec. 14 a walk-on role in the Broadway show “& Juliet,” a musical spin-off of “Romeo and Juliet” featuring a non-binary character who marries Juliet’s ex-fiance. The show took place at Steven Sondheim Theatre in New York. Justice Jackson commented in a CBS interview, “It’s a story about female empowerment and women’s ability to do what they want to do, to control their own destiny. I think it’s a wonderful message, and obviously very fun.” The interview included video clips of her acting and singing in the role written specifically for her.
    CATHOLICVOTE.ORG
    Justice Ketanji Jackson performs in LGBT Broadway show Justice Ketanji Jackson performs in LGBT Broadway show
    CV NEWS FEED // Justice Ketanji Jackson performed Dec. 14 a walk-on role in the Broadway show “& Juliet,” a musical spin-off of “Romeo and Juliet” Justice Ketanji Jackson recently performed a walk-on role in the Broadway show “& Juliet,” a musical spin-off of “Romeo and Juliet” featuring a non-binary character who marries Juliet’s ex-fiance.
    0 Σχόλια 0 Μοιράστηκε 210 Views
  • It's about time someone spoke the truth. A famous British naturalist, David Bellamy said that there is no such thing as global warming.
    It's about time someone spoke the truth. A famous British naturalist, David Bellamy said that there is no such thing as global warming.
    0 Σχόλια 1 Μοιράστηκε 121 Views 1

  • Inadequate Litigant’s Cases Dismissed

    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate

    Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts.

    Post 4950

    In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff.

    FACTS

    Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility.

    Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed.

    BACKGROUND

    The facts underlying this case involve four discrete events.

    First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case.

    Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court.

    Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz.

    Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.
    Initial Lawsuit Against Medical Facility

    Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility.

    After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case.

    Visiting Doctor for Eye Injury

    Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California.

    Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor.

    Report to Dental Board

    Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked.

    Instant Complaint and Judgment

    Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case.

    The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal.

    DISCUSSION

    Did the trial court err in granting the anti-SLAPP motion?

    Did it err in sustaining the demurrers?

    The California Court of Appeals concluded the trial court did not err.
    Anti-SLAPP Motion

    In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]”

    In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity.

    ANALYSIS

    Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim.

    If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point.

    DEMURRERS

    Both Cantrell and the State filed demurrers to Riaz’s complaint..

    Additional Background

    A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action.

    Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause.

    Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order.
    CONCLUSION AND SUMMARY

    Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2.

    ZALMA OPINION

    It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

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    Inadequate Litigant’s Cases Dismissed Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts. Post 4950 In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff. FACTS Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility. Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed. BACKGROUND The facts underlying this case involve four discrete events. First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case. Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court. Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz. Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case. Initial Lawsuit Against Medical Facility Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility. After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case. Visiting Doctor for Eye Injury Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California. Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor. Report to Dental Board Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked. Instant Complaint and Judgment Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case. The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal. DISCUSSION Did the trial court err in granting the anti-SLAPP motion? Did it err in sustaining the demurrers? The California Court of Appeals concluded the trial court did not err. Anti-SLAPP Motion In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]” In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity. ANALYSIS Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim. If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point. DEMURRERS Both Cantrell and the State filed demurrers to Riaz’s complaint.. Additional Background A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action. Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause. Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order. CONCLUSION AND SUMMARY Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2. ZALMA OPINION It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    LNKD.IN
    Inadequate Litigant’s Cases Dismissed
    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Post 4950 Posted on December 18, 2024 by Barry Zalma See the full video at https://rumble.com/v607fvb-inadequate-litigants-cases-dismissed.
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