AJCC April 2001


April 2001
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Holder/Harrison Settlement

As the readers of The American Journal of Clinical Chiropractic are aware, Dr. Jay Holder brought a lawsuit against us last year, alleging that we libeled him in an article published in our January, 1999 edition.

Both sides agreed to retain the Hon. Jacob Tanzer, former Justice of the Oregon Supreme Court as a mediator. With his assistance, on March 15, 2001, a mediated resolution of the lawsuit was reached. The parties have agreed that a courtroom is not a suitable forum in which to resolve this disagreement. Therefore, the Harrisons and The American Journal of Clinical Chiropractic will not publish in any medium, whether print or electronic, any further articles concerning Dr. Holder and/or any of his programs and businesses. Dr. Holder, in turn, agrees to dismiss his lawsuit with prejudice and without costs or attorney fees. The additional terms of the settlement agreement include these items:

1. Holder will represent his degrees as “Ph.D.” and “M.D. (T.M.).” He will represent the source of these degrees as follows: “Open International University for Complementary Medicine, Colombo, Sri Lanka, 1990;” and “Anglo American Institute of Drugless Therapy, Bournemouth, London, England, 1977.”

2. None of the parties will claim or publish or cause to be published anything to the effect that the settlement of the action reflects on the validity of the degrees or the merits of the claims or defenses.

3. Depositions taken in this case (except exhibits) will be kept confidential. No party will order the transcripts or seek that they be transcribed because the parties intend that no further information about the case be published. An exception to this provision is as follows: Holder may have Dr. Harrison’s deposition transcribed for the sole purpose and to the extent reasonably necessary for potential litigation against David McTeague, David Young and/or the State of Oregon. In the event of such litigation, Harrison will obey a subpoena to appear and testify consistently with his deposition testimony at Holder’s expense. The deposition will be kept in the possession of Holder’s attorney and used for no other purpose. Holder’s attorney will make no copies except as necessary for the litigation. He/she will notify Harrison’s attorney about the making and use of copies and will collect and destroy them after they are used.

4. The Harrison’s, The American Journal of Clinical Chiropractic and any other publication controlled by the Harrison’s will not publish anything regarding Holder, unless in response to publications about them by or caused by Holder.

5. The Harrison’s and The American Journal of Clinical Chiropractic will remove from any website under their control any articles regarding Holder, his business or his programs.

6. The parties will execute mutual releases for any existing claims, known or unknown.

Both sides are pleased to end this controversy in the interests of the chiropractic profession.

DATED this 15th day of March 2001.