Anti-Vaccine Cyber-SLAPP Update:

Orac provides an update on one plaintiff's attorney's shameful efforts to harass and intimidate those who've (correctly) disputed evidence of a vaccine-autism link.

UPDATE: Quashed.

Related Posts (on one page):

  1. Anti-Vaccine Cyber-SLAPP Update:
  2. Cyber-Slapp Against
Thorley Winston (mail) (www):

From Rule 45 of the Federal Rules of Civil Procedure:

(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the issuing court must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person — except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held;
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research, development, or commercial information;
(ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or
(iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial.

Since she's (presumably) not a party to the suit against Bayer and lives nearly 500 miles away from where the attorney wants to take her deposition (from Virginia to New Hampshire), I would think she should be able to have this subpoena quashed.
4.21.2008 8:18pm
Thorley Winston (mail) (www):
Never mind, per her motion to quash she's a resident of New Hampshire.
4.21.2008 8:30pm
SenatorX (mail):
Orac is full of hyperbole. He is a priest trying to convince us of the sanctity of his religion. There is a better morality than obedience to authority. Isn't there evidence o plenty that medical experts make mistakes? That corruption exists? That lobbying buys influence over regulation?

I fail to see the argument that people are conspiracy theorists for suggesting corruption when the evidence of such behavior permeates history.
4.21.2008 10:21pm
Thorley Winston (and others), check this out:
4.21.2008 11:25pm
Curt Fischer:

Thorley Winston (and others), check this out:

This is one of the happiest links I've had the joy to click while reading VC.
4.21.2008 11:45pm
Thorley Winston (mail) (www):
Good news indeed!
4.22.2008 2:33am
Curt Fischer wrote at 4.21.2008 10:45pm:
This is one of the happiest links I've had the joy to click while reading VC.
Seconded. Will be even more interesting to see what happens in 10 days.
4.22.2008 2:24pm