Re: Helpful Consumer Warning About QXCI by egovolo ..... QXCI/SCIO Forum
Date: 12/1/2003 1:32:37 PM ( 21 y ago)
Hits: 14,094
URL: https://www.curezone.org/forums/fm.asp?i=576373
Dear 'Steve23' et al,
Herewith, I include my answer given in other forums regarding all this nonsense, as well as a posting in our own QXCI/SCIO group.
Since the attachments are lenghty and explain everything I need not to further expand. Since my message might truncated please E-Mail me at fmqxci@yahoo.com and I will send you the full text of this reply.
Best regards,
Francisco Martinez, B.A. (Hons)
Marketing QX Ltd.
*******************************
Dear friends of the QXCI,
You will be pleased to know that on January the 16th last, the case of Mr. Rex Reginald against QX Ltd. and Bill Nelson was overturned. For those who would like to check it please visit http://www.lasuperiorcourt.org click on civil / case summary / enter case number SC070400 and click on ‘search’. Below is what you will find – But of course you do not have to take my word for it.
I would like to point out that cases like these are numerous and hold no merit. I however, still question the decisions and the very many unfounded comments and non sense spilled on these groups by some opinion leaders and other ‘wise’ people, before doing duly diligence or simply checking with us, and indeed, letting things take their due course, before any 'knee jerks'.
This has also shown us (shown me), who our ‘friends’ really were. It was very sad for me to see how a few practitioners whom I met personally during my trip to USA last year, based only on the comments they read on these groups, took to ‘ban’ us and even one sent threatening letter if I did not removed her name from our databases at once.
I can understand the concern of you all – if I were a QXCI user of course I would be concerned too, but of course I have never argued or criticized the ‘What’ but the ‘How’. The actual court transcript and other pertinent documentation I should have in a matter of days as I spoke directly with our attorney in Los Angeles and I requested such documentation. I will post it for your perusal and interested parties - Others simply click on the 'Delete' button. The post will be clearly label as 'Court Transcripts'.
I am aware that these groups are followed by the likes of Mr. Rex Reginald or ‘Quack Watch’. You people have no need to hide behind aliases or send me ‘anonymous’ mails. You are also being screened by me. I do consider it a compliment that you people take the time and trouble to write to me and follow what is being said here – I do hope that at least you are learning from the very many interesting and educative comments posted by our doctors and practitioners alike, as much as I do.
On that note may tell you all that I do read all the posts in these groups and make notes of some points brought up. Bill Nelson is kept informed as much as possible – Those of you who get the opportunity to talk to him realize he knows what is going on. I cannot comment on the groups as much as I wish because of time restrictions. In any case, I believe my work is to keep on the background making sure you all get your posts through.
Kind regards,
Francisco Martinez
Webmaster & Peer Groups Moderator
Marketing Director Spain & Latin America
Case Summary
Case Number: SC070400
REX REGINALD VS. WILLIAM NELSON ET. AL.
Filing Date: 01/18/2002
Case Type: Prdct Liablty (not asbes,tox,envir (General Jurisdiction)
Status: Default Judgment after Prove-up 09/13/2002
--------------------------------------------------------------------------------
Future Hearings
None
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Documents Filed | Proceeding Information
Parties
BONNE BRIDGES MUELLER O'KEEFE & NICHOL - Attorney for Defendant
NELSON WILLIAM - Defendant
Q.X. LIMITED - Defendant
REGINALD REX - Plaintiff & Plaintiff In Pro Per
REGINALD REX - Plaintiff
YOUNG ROBERT E. - Attorney for Plaintiff
--------------------------------------------------------------------------------
Case Information | Party Information | Proceeding Information
Documents Filed (Filing dates listed in descending order)
01/21/2003 Notice of Ruling
Filed by Attorney for Defendant
01/16/2003 Substitution of Attorney
Filed by Attorney for Plaintiff
01/10/2003 Brief (reply in support of motion to vacate default and default judgment; )
Filed by Attorney for Defendant
01/07/2003 Opposition (TO MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT AND TO PROPOSED MOTIONS TO QUASH SERVICES OF SUMMONS; )
Filed by Plaintiff & Plaintiff In Pro Per
11/20/2002 Notice of Motion (TO VACATE DEFAULT AND DEFAULT JUDGMENT; MEMO OF P & A; EXHIBIT A ND DECLARATIONS OF DARWIN DAVIDSON AND JEFFREY HEALEY; )
Filed by Attorney for Defendant
09/11/2002 Statement of Case
Filed by Plaintiff & Plaintiff In Pro Per
07/26/2002 Partial Dismissal (w/o Prejudice) (AS TO DOES 1-10 ONLY )
Filed by Attorney for Plaintiff
05/24/2002 Proof of Service (STATEMENT OF DAMAGES )
Filed by Attorney for Plaintiff
05/24/2002 Notice of Change of Address (AND TELEPHONE NUMBER )
Filed by Plaintiff & Plaintiff In Pro Per
05/24/2002 Default Entered (AGAINST WILLIAM NELSON AND Q.X. LIMITED )
Filed by Attorney for Plaintiff
04/02/2002 Summons Filed
Filed by Attorney for Plaintiff
04/02/2002 Statement of Damages
Filed by Attorney for Plaintiff
01/18/2002 Complaint Filed
--------------------------------------------------------------------------------
Case Information | Party Information | Documents Filed
Proceedings Held (Proceeding dates listed in descending order)
01/16/2003 at 09:01 am in department WEQ, Linda K. Lefkowitz, Presiding
Motion to Vacate (DEFAULT AND DEFAULT JUDGMENT;) - Motion Granted in Part
09/13/2002 at 10:00 am in department WEQ, Linda K. Lefkowitz, Presiding
Civil Default Prove Up Hearing - Completed
08/02/2002 at 10:00 am in department WEQ, Linda K. Lefkowitz, Presiding
Civil Default Prove Up Hearing (REQUEST FOR COURT JUDGMENTRECEIVED ON 7-31-02. NEED FILETO PROCESS JUDGMENT.) - Continued
07/31/2002 in department A102, Clerk, Presiding
Request for Court Judgment (8-7-02 SENT TO LINDA FOR REVIEWno case summary, decl in lieu oforal testimony no properly executeno original exhibits, judgmentform incomplete.) - Rejected
06/18/2002 at 09:00 am in department WEQ, Linda K. Lefkowitz, Presiding
Order to Show Cause (RE SANCTIONS FOR FAILURE TOPROCEED WITH ENTRY OF DEFAULT;) - Completed
05/28/2002 at 09:00 am in department WEQ, Linda K. Lefkowitz, Presiding
Order to Show Cause (RE SANCTIONS, INCLUDING DISMISSALFOR FAILURE TO PROCEED WITH ENTRYOF DEFAULT) - Completed
04/26/2002 at 09:00 am in department WEQ, Linda K. Lefkowitz, Presiding
Status Conference - Completed
04/02/2002 in department A102, Clerk, Presiding
Request to Enter Default-Recieved (PROOF OF SERVICE OUT OF USA APPEARINCOMPLETE. NO INDICATION OF WHOWAS SERVED AND WHO IS AUTHORIZEDFOR THE COMPANY TO RECEIVE SERVICE) - Rejected
* * * * * * * * * * * *
QX Ltd. Kálvária tér, 2, 1089 - Budapest (HUNGARY) http://www.qxsubspace.com
Tel. +36 1 303 6043 & Fax. +36 1 210 9340
+ + + + + + + + + + + + + + +
For Quackbuster's NCAHF - It's All Over But The Shouting...
Opinion by Consumer Advocate Tim Bolen
July 9th, 2003
The Quackbuster Flagship sank today. A Three Judge California
Appeals Court broad-sided it. Let's all go watch it slide under the
waves. Bring a bottle of wine and some paper cups.
We already know that the quackbusters have ZERO credibility with the
American court system. So it's not going to be a surprise to anyone
that the National Council Against Health Fraud (NCAHF), today, lost
the decision they appealed over the case called "NCAHF v. Botanical
laboratories, et al."
Here are the the Three Judge Panel's words...
"Conclusion - Appellant (NCAHF) believes that no one should be
allowed to market homeopathic remedies. Congress has decided
otherwise, and officially recognizes the Homeopathic Pharmacopoeia.
Appellant's broad-brush approach of sweeping all homeopathic remedies
into a single bag marked "undesirable" simply does not work in the
courts, where each claimed instance of unfair advertising and unfair
business practice must be closely scrutinized. Appellant failed to
present any admissible evidence in this case that respondents are
guilty of false advertising and unfair business practices with
respect to any of their products."
The NCAHF lost on a SLAPP (Strategic Lawsuit Against Public
Participation) Motion. Which means they owe the Defendants Attorney
Fees. Al Lohrman, chief counsel on this case, said to me, today, in
an e-mail "By the way, the trial court also awarded us attorneys'
fees on our anti-SLAPP motion, as provided by law."
And, there's the rub.
The NCAHF is operating out of a cardboard box in the back room of
Bobbie Baratz's Braintree, MA hair removal salon, and has so little
money, that Baratz begged members for cash, offering a picture of me
(Tim Bolen) as an incentive for contribution.
According to court documents, NCAHF Board members, it turns out, were
COMPLETELY UNAWARE that Baratz and Barrett had made the NCAHF the
Plaintiff in these cases. Court documents show that Baratz and
Barrett had set up this case to generate "expert witness" fees for
themselves. Baratz is the current President of the NCAHF. Barrett
is a failed MD who operates the dubious website quackwatch.com out of
his basement in Allentown. PA.
Legal fees, by my estimate, will run around $500,000 to $700,000. It
looks to me, like the individual NCAHF BOARD MEMBERS, and the
MEMBERS, may be legally liable for the attorney fees...
The court, in it's decision, quoted the earlier Health Freedom
Appeals Court Victory in NCAHF v. King Bio like this:
"In the context of a lawsuit against homeopathic manufacturers of
homeopathic remedies, 'there is nothing in the nature of a false
advertising action that makes it difficult for a plaintiff to prove
allegations of the complaint. The homeopathic remedies are marketed
and readily available for testing by the plaintiff. The falsity of
the advertising claims may be established by testing, scientific
literature, or anecdotal evidence.' (NCAHF v King Bio). Appellant
provided no admissible, prima facie evidence that the respondents'
advertising is, in fact, false....In addition, appellant presented no
evidence at all that respondents' advertising is likely to deceive
consumers."
I've put the whole case decision on my website. <>Click here...
For the Quackbuster's NCAHF - it's all over but the shouting.
Tim Bolen - Consumer Advocate
This "Millions of Health Freedom Fighters - Newsletter" is about the
battle between "Health and Medicine" on Planet Earth. Tim Bolen is an
op/ed writer with extensive knowledge of the activities of a
subversive organization calling itself the "quackbusters," and that
organization's attempts to suppress, and discredit, any, and all
health modalities that compete with the allopathic (MD) paradigm for
consumer health dollars. The focus of the newsletter is on the
ongoing activities, battles, politics, and the victories won by
members of the "Health Freedom Movement" against the "quackbusters"
It details "who the quackbusters are, what they are, where they are
operating, when they appear, and how they operate - and how easy it
is to beat them..."
For background information on the "Battle between Health and
Medicine" go to:
.htm.
A copy of THIS newsletter, and older ones, are viewable at the
website
lt.htm.
For EVEN MORE interesting and related articles go to
http://Dear 'Steve23' et al,
http://Herewith, I include my answer given in other forums regarding all this nonsense, as well as a posting in our own QXCI/SCIO group.
http://Since the attachments are lenghty and explain everything I need not to further expand. Since my
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