Plainview fitness center responds to lawsuit to shut down

In the 22-page memorandum in opposition to the temporary restraining order filed by the Minnesota Attorney General’s Office last week, attorney Vincent J. Fahnlander asked a judge to deny the state’s request for a temporary restraining order.

The Minnesota Attorney General’s Office filed a lawsuit against Plainview Wellness Center and its owner, Brandon Reiter, on Nov. 24.

RELATED: Minnesota Attorney General’s Office files lawsuit against Plainview fitness center

The lawsuit alleged that Reiter’s fitness center is violating Gov. Tim Walz’s Executive Order 20-99 — which ordered that fitness centers and other places of entertainment close, and that bars and restaurants suspend indoor service, for four weeks — by remaining open past when the order went into effect.

Plainview Fitness Center has been in business since 2013. Earlier this year, Reiter reopened his gym on May 1, which was in defiance of the initial stay-at-home order.

“Rather than close again, Reiter choses to keep PWC open with even more safety protocols in place than the big box stores and other opened businesses are using,” the filing reads. “Mr. Reiter believes it is discrimination for the Executive Orders to close his small business, while large businesses, with frequent more and more close contact by shoppers, remain open.”

Arguing against the state’s request for a temporary restraining order, Fahnlander says the state’s argument that gyms and health clubs are a significant source of outbreaks has been “debunked.”

According to the AG’s filing, the Minnesota Department of Health’s contact-tracing investigations have shown that apart from long-term care settings, gyms are among the settings most frequently associated with COVID-19 outbreaks in the state. MDH has traced 49 outbreaks and 750 cases of COVID-19 to gyms in the state.

Fahnlander also argues that less-restrictive alternatives exist to protect public health. The filing cites research conducted by Mayo Clinic that concluded that mask wearing, social distancing and hand washing work well in halting or slowing the transmission of COVID-19.

If a judge were to grant the state’s request of a temporary restraining order, Reiter and his fitness center “faces irreparable harm,” he wrote.

“The State waves this away as ‘temporarily closing to the public for four weeks.’ However, in practice this is likely to mean irreparable injury to and perhaps even the death of Defendant’s business,” the filing states. “This is in addition to the detriments to the health and mental and emotional wellbeing of the people who depend on Defendant’s business.”

The filing also argues that Executive Order 20-99 is unconstitutional and the governor overstepped his authority and violated the separation of powers.

“The Executive Order violates Defendant’s constitutional rights, as some activity is allowed, while other activity of equal or more danger is barred,” the filing states. “There is no rational basis for treating the Defendant differently than the other indoor facilities in which people are allowed to gather. The State has provided no evidence that exercise has been shown to lead to an increase in Covid-19 transmissions, instead, relying on studies that examine completely

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Lawsuit claims video shows Bishop’s Falls guards assaulting unconscious inmate in dentist’s chair | Canada | News

An inmate at a central Newfoundland prison is filing multiple lawsuits, including against corrections officers and a Gander oral surgeon, following an incident that reportedly happened at the surgeon’s office.

The Telegram has learned the man — an inmate at Bishops Falls Corrections Centre whose name is not being made public yet — alleges he was medically sedated at the oral surgeon’s office last month, when a corrections officer was video-recorded performing a dental procedure on him.

The video is believed to have been taken by another corrections officer, while two dental assistants were in the room at one point of the procedure.

The two corrections officers, who took the inmate to the oral surgeon’s office for an undisclosed procedure, were recently escorted out of the Bishop’s Falls facility by RCMP officers, a source told The Telegram earlier this week.

On Tuesday, both the RCMP and the Justice Department turned down requests for comment.

“My first reaction was shock and disbelief. With all due respect to my client. I thought it was incomprehensible and thought maybe he misapprehended what had happened.”

However, when contacted by The Telegram Wednesday, St. John’s lawyer Bob Buckingham confirmed he has been retained to represent the inmate and will file the lawsuit “fairly quickly” on his behalf.

“I haven’t heard of this happening in recent times in Newfoundland,” Buckingham said.

He said the lawsuits will claim battery, assault and breach of trust against the corrections officers; professional negligence and a breach of contract against the oral surgeon and the oral surgeon’s office; breach of trust by the corrections services and the provincial government, as well as vicarious liability against the provincial government, as it is alleged to have happened while corrections officers were on duty.

Buckingham said his client was unconscious at the time of the alleged incident, having been medically sedated, and had no knowledge of what happened when he left the dentist’s office a short time later. He said he learned about it and the video later from corrections administration.

“He understands one of the corrections officers took a video of this, which made the rounds within corrections services,” said Buckingham, adding that both the corrections administration and the RCMP are in possession of the video.

Buckingham said he was appalled to hear what the inmate says happened to him.

“My first reaction was shock and disbelief,” he said. “With all due respect to my client, I thought it was incomprehensible and thought maybe he misapprehended what had happened.

“It’s a very difficult set of circumstances to believe, given a professional involving a dentist and corrections officers who were there for his protection, and the inmate being under medically induced sedation.

“But types of egregious breaches of trust do happen in our province,” added Buckingham, who also represents the family of Jonathan Henoche, an inmate who was killed in segregation at Her Majesty’s Penitentiary in November 2019, in lawsuits against the corrections officers, the prison and the provincial government.

He said

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Glace Bay father happy class-action lawsuit being launched against Bedford dentist | Local | News

GLACE BAY, N.S. —

MacGillivray Injury and Insurance plans to conduct 135 interviews with people who say they were victims of dentist Dr. Errol Guam.

Ryan Binder is one of them and the Glace Bay father was one of the first to contact the law firm after filing complaints with police and the dental board in relation to his six-year-old daughter’s appointment with Gaum on Nov. 10.

“I wanted (Dr. Gaum) to be accountable for all the people he has hurt over the years,” Binder said.

“I feel good about it because I don’t think a big law firm like MacGillivary would take it on if they didn’t think they could win.”

A press release from the firm Friday evening, the day MacGillivary decided to take on the case, indicated they had 60 possible claimants on the suit. By Saturday afternoon that number had more than doubled.

Managing partner Jamie MacGillivray said there was “nothing normal” about this case but couldn’t disclose much more due to it being in the early stages of the process.

“We have 135 phone intakes scheduled over the weekend with two lawyers … and more intake calls have been coming in … there are a lot of people coming two us at this point,” MacGillivray said.

“The first step we have is to determine how to legally file this action … we plan to file the claim this week.”

Binder claimed during his daughter’s appointment with Gaum he hurt and traumatized her by restraining her physically and verbally abusing her during the appointment.

After filing a complaint with the Dental Board of Nova Scotia and Halifax Regional Police, Binder posted about the incident on Facebook on Nov. 11 in hopes of alerting others to what allegedly happened.

By Nov. 12, two Facebook groups were made for victims of Dr. Errol Gaum. One is private and currently has more than 560 members. The other is public and has more than 2,100 members.

Halifax Regional Police confirmed they are currently investigating multiple allegations

Nicole Sullivan is an education, enterprise and diversity reporter for the Cape Breton Post. 

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Ivanka Trump & Jared Kushner Threaten Lawsuit Over Billboards Criticizing Them for COVID-19 Response

TIMOTHY A. CLARY/AFP via Getty The Lincoln Project billboards in New York City

Ivanka Trump and Jared Kushner threatened to sue an anti-Trump group over billboards in New York City blasting the senior White House aides for their role in the government’s novel coronavirus (COVID-19) response.

The Lincoln Project, a group of anti-Trump Republicans focused on preventing Donald Trump’s re-election on Nov. 3, recently set up two giant billboards in N.Y.C.’s Times Square that feature the president’s 38-year-old daughter on one and her husband, 39, on another.

In the first billboard, Ivanka is seen smiling and gesturing toward a set of statistics that more than 33,000 New Yorkers and more than 224,000 Americans have died due to the COVID-19 pandemic.

As noted elsewhere, the photo used is the same one that Ivanka posted in a controversial tweet in July promoting Goya beans, which drew backlash from some who said the Trump administration was endorsing a specific company.

In the adjacent billboard, Kushner, who like his wife serves as an adviser to the president, can be seen smiling beside something that Vanity Fair quoted him saying during a meeting in March: “[New Yorkers] are going to suffer and that’s their problem.” (Kushner disputes saying this.)

The bottom of the billboard with his photo is lined with red-and-white body bags.

The billboards are set to remain through at least two days after the election, per The New York Times.

RELATED: CBS Airs 60 Minutes Interview with Trump — Including When He ‘Walked Out’ After Complaining About Tone

Alex Wong/Getty From left: Jared Kushner and Ivanka Trump

The couple was not pleased, according to an attorney representing them, who sent a letter on Friday to The Lincoln Project threatening a lawsuit if the billboards were not removed.

Marc E. Kasowitz, the lawyer, called the billboards “false, malicious and defamatory.”

Kasowitz also took issue with the juxtaposition on the billboards between the disputed Kushner quote and Ivanka’s gesture and the other elements tying them to the death toll from the pandemic.

Kasowitz described it as “outrageous and shameful libel.” (He did not immediately respond to PEOPLE’s request for comment.)

“If these billboards are not immediately removed, we will sue you for what will doubtless be enormous compensatory and punitive damages,” he wrote in his letter.

The Lincoln Project, which has built a major media profile (and raised millions) on a series of viral anti-Trump ads and other stunts, quickly posted his letter on social media instead.

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Later on Friday, the group shared its rebuttal on Twitter, calling the president’s daughter and son-in-law “entitled, out-of-touch bullies who have never given the slightest indication they have any regard for the American people.”

“We plan on showing them the same level of respect,” the group wrote in its response.

The

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New Kent children’s hospital faces $127M lawsuit; 20 former patients accuse doctors, staff of sexual, physical assault

Cumberland Children’s Hospital in New Kent faces a $127 million lawsuit after 20 former patients and their families came forward alleging years of sexual and physical abuse.

The personal injury law firm, Breit Cantor Grana Buckner, filed the nine-count lawsuit in Richmond’s Circuit Court on Tuesday.

The hospital is a residential treatment center for people between the ages of 2 and 22 with medical and behavioral diagnoses including brain injury, chronic illness and neurobehavioral issues.

The suit accuses the hospital, Hospital Director Daniel Davidow and Hospital Psychotherapist Herschel Harden of assault and battery, negligence, false imprisonment, fraud and reckless disregard as well as violations against state-mandated child protection rights.

As a result, the firm is seeking $127 million in compensation and punitive damages for bodily injuries resulting in physical pain, disfigurement and mental anguish as well as any future lost earnings and medical expenses.

“These defendants can never undo the harm they’ve caused to our clients, but this lawsuit seeks accountability and financial recovery that we hope will, in some way, make up for what they’ve suffered,” Attorney Kevin Biniazan said.

According to the 69-page complaint, the 20 former Cumberland Children’s Hospital patients experienced sexual abuse and physical abuse from both physicians, staff and other residents.

Among the abuses, the civil lawsuit states:

12 of the 20 alleged victims reported non-consensual and unwanted touching.

Davidow placed his hands beneath the undergarments of female patients 12 years and older and sexually abused them by intentionally touching their intimate parts.

Employees and fellow patients physically assaulted other residents resulting in long-term physical and mental pain resulting in PTSD, depression, sleep disorders and bodily injuries.

Roommates and other patients sexually abused younger, weaker plaintiffs after hours, entering the alleged victims’ rooms without intervention from staff. When they called for help, the staff did not respond.

Allegations of an employee scalding a patient with hot water and locking patients in rooms without access to bathrooms.

Additionally, the lawsuit accuses Cumberland Children’s Hospital and its owner, Universal Health Services, the largest facility-based behavioral health provider in the nation which operates nine other facilities in Virginia and 349 centers in the United States, Puerto Rico, Virgin Islands and the United Kingdom, of fraud.

According to the complaint, United Health Services committed fraud by keeping patients at the hospital beyond the time necessary for treatment in order to maximize revenue; ignored reports from patients, families and employees of the ongoing abuse; and misled parents in order to keep children in its custody.

The suit also states that the hospital maintained inadequate staffing in order to reduce costs and maximize profits.

“As a general rule, we believe that the safety and protection of children should never take a backseat to corporate profits,” Biniazan said. “We’ll be able to show in the case of Universal Health Services and Cumberland Hospital that they put the wrong priorities first.”

According to a statement released by Briet Cantor, in 2019, Universal Health Services made $11.3 billion in revenue and more

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