The filing is a class-action lawsuit, representing Lee and all other Makhnevich patients who have signed Medical Justice-style contracts. It asks the court to declare that forcing patients to sign the contract constitutes a breach of “fiduiary duty and violations of dental ethics.” It also argues that the contract deceives patients by promising not to use patient information for marketing purposes, despite the fact that (according to the complaint) such disclosures are already barred under the Health Insurance Portability and Accountability Act. And it asks the court to declare that the contract is unconscionable and void under New York law.
As for the copyright claims, the complaint asks the court to declare that, even if the copyright assignment is valid, the posting of the reviews is allowed by copyright’s fair use doctrine.
Finally, it seeks a declaration that Lee’s online posts are nondefamatory, and it seeks compensation for Makhnevich’s failure to submit the insurance paperwork as promised.