PRESS RELEASE September 15, 2004

Contact: Robert Finney
CounterPoint Communications
Telephone/fax (760) 436-0183
E-mail: rdf@cpc-com.com

HMO HARDBALL

FROM THE EXAM ROOM
TO

THE COURTROOM

PIONEERING ADA CIVIL RIGHTS BRIEF FILED IN
THE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

We are presently engaged in an epic civil rights struggle to enforce HMO patient rights, when HMOs, state regulators and state courts conspire to violate them.

Our adversaries are powerful and merciless. They include:

  • California State Court System
  • California Department of Managed Health Care
  • Kaiser Permanente HMO

On September 15, 2004, without law degrees and without advice or assistance from any lawyers, Jackie and I filed her opening brief in the United States Court of Appeals for the Ninth Circuit, the largest federal circuit court in the nation.

The purposes of this lawsuit are to:

  • Restore patients' equality in the patient-doctor relationship.
  • Make government regulators put patients first, not HMOs.
  • Eradicate disability discrimination and corruption in state courts.

An honest judiciary is a prerequisite for patients' self-protection against government and corporate interests dedicated to the destruction of the doctor-patient relationship. Many citizens question the honesty and independence of judges who can't resist the temptation to accept "donations" and other gratuities from these interests.

"The moral authority of the judiciary is giving way to special interests…
Public trust in the judiciary is nearing an all time low."
BusinessWeek, September 27, 2004, and editorial.

"In their 1875 operetta 'Trial by Jury,' Gilbert and Sullivan lampooned
juries' prejudices. Before the trial even begins, the jury shakes its
fists at the defendants and sings:

Monster, dread our damages.
We're the jury!
Dread our fury!"

Source: Corporate Counsel, September, 2004

In 1875, runaway juries were dreaded. In 2004, runaway judges are dreaded by ordinary Americans who don't "pay to play" and who are repelled by this game.

Jackie's lawsuit asks the Ninth Circuit to end the California court system's inhuman ugly law* that treats the disabled as "monsters," undeserving of access to state courts. Disabled persons have good reason to fear state courts who tell them:

Monster, dread our court.
We're the judges!
Dread our grudges!

You can read these pleadings by accessing the following links:

Appellant's Opening Brief

Cover Page
Table of Contents
Table of Authorities
Appeal


Appellant's Request for Judical Notice

Cover Page
Request for Judical Notice

Attachments

*U.S. Department of Justice Amicus Brief, Tennessee v. Lane

Notice for Trial Jury Service (8/11/2004) Front - Back


Appellant's Supplemental
Request for Judical Notice

Cover Page
Supplemental Request for Judical Notice

Attachments to Supplemental Request

Notice for Trial Jury Service (8/11/2004)
Front - Back
D. Yamasaki - (Assistant Executive Officer) Letter to J. Finney (12/05/03)

N. Methvin, Jr. & M. Mattera Denial Letter to J. Finney (8/26/2004)

J. Finney Letter to N. Methvin. Jr., & M. Mattera
re: Jury Service Service Deficiencies (9/3/2004)
Notice for Trial Jury Service (9/3/2004)
Front - Back

N. Methvin, Jr. Acceptance Letter to J. Finney (9/9/2004)


Appellant's Reply Brief

Cover Page
Table of Contents
Table of Authorities

Appeal


Case Summary


BATTLE OVER THE COURTS - Cover story

MORAL AUTHTORITY - Editorial


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