This is a postscript to an article posted here on April 22, 2022.
I have been curious about the practice of pleading Affirmative Defenses in the actions that have been filed against various vaccine mandates and other public health measures in the COVID-19 Pandemic. The federal case in Florida, you may recall from the April 22nd article, had zero Affirmative Defenses in it. To put it another way, the U.S. government raised no Affirmative Defenses, and lost. Now they have filed a Notice of Appeal.
Recently, I came across another case involving the same exact lead Plaintiff that was the lead Plaintiff in the Florida case. The case is Health Freedom Defense Fund v. Megan K. Reilly. It involves a staff vaccine mandate issued by the Los Angeles United School District. Here is the Complaint: Download Health Freedom Defense Fund v. Megan K. Reilly Complaint Doc. 1 filed 11.03.21 (C.D. Cal. No. 2.21.cv.08688). This Complaint was filed nearly four months after the Health Freedom Defense Fund Complaint was filed in the Florida case.
There is now a Second Amended Complaint in the California case, and here is the Answer to it: Download Health Freedom Defense Fund v. Megan K. Reilly Answer to 2d Ad Comp filed 04.07.22 (C.D. Cal. No. 2.21.cv.08688). There are 41 Affirmative Defenses alleged in the Answer in that case.
Forty-one. Count 'em, 41.
Zero in the Florida case.
The difference is clear to all. And it is clear that in the California case, the School District's lawyers are defending it.
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