#170583 - 07/16/08 07:16 AM
Bill Nagler vs Brad Henderson - suing for writing a negative review
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CraigMitchell
Registered: 01/17/08
Posts: 756
Loc: South Africa
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The below was emailed to me - unsure whether it has been mentioned here already
"Bill Nagler’s lawsuit against Magic Magazine writer Brad Henderson for a negative review of his effect “Any Card at Any Number” has been dismissed from a Michigan court. Nagler had sought $100,000 in damages according the Detroit Free Press.
Judge Bernard Friedman ruled as follows…
…the review was Henderson’s opinion, not defamation, and was thus protected by the Constitution.
No word yet on if Nagler plans any future legals action on the case."
--> Just been told news is from http://www.itricks.com
Edited by Craig Mitchell (07/16/08 07:18 AM)
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#170588 - 07/16/08 09:30 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: CraigMitchell]
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Necromancer
Registered: 01/22/08
Posts: 157
Loc: Chicago
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I'd rather see a class-action lawsuit against a reviewer who made me spend money on something awful.
Best,
Neil
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#170600 - 07/16/08 11:37 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Necromancer]
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Bob Farmer
Registered: 01/17/08
Posts: 301
Loc: Short card above selection.
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There are several curious things about this lawsuit.
First, the defence of opinion seems fairly obvious, so why even try to sue, it's an uphill battle all the way. I hope MAGIC paid Brad Henderson's legal bills.
Second, at $99 per unit, $100,000 in damages would represent a loss in sales of about 1,000 units. How many card tricks selling for $99 have sold 1,000 units? I don't know. How many Bill Nagler tricks have sold 1,000 units? Again, I don't know. So even if Henderson had lost, would the full damages have been awarded?
If Henderson doesn't live in Michigan why sue in Michigan?
Actually, it wasn't a bad trick -- the props were marvellous -- it was just that Nagler's method was too confusing and indirect. I worked out a better method using the props that did away with all the verbal blather from the original, but I don't know if Brad Henderson was aware of that when he reviewed the effect.
Personally, I wouldn't sue anybody for a bad review, it's too expensive and time-consuming. You can always publish a rebuttal and that's cheaper and faster.
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#170605 - 07/16/08 12:11 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Bob Farmer]
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Richard Hatch
Registered: 01/17/08
Posts: 1020
Loc: Humble, Texas
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If Henderson doesn't live in Michigan why sue in Michigan?
Nagler lives in Michigan.
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#170606 - 07/16/08 12:28 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Richard Hatch]
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NCMarsh
Registered: 02/16/08
Posts: 317
Loc: Tampa, Florida
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Didn't Bill Nagler have a whole website up that featured a fair share of negative reviews and exposed methods for marketed material?
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#170608 - 07/16/08 12:30 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Richard Hatch]
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Bob Farmer
Registered: 01/17/08
Posts: 301
Loc: Short card above selection.
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If Nagler had won in Michigan but the defendant had no assets in Michigan, he would have ended up with a paper judgment and no money. To enforce his judgment he'd have to have gone to a state where the defendant had assets -- so, normally, you'd start the action in the state where the defendant had assets, rather than in the state where you live. Sometimes you don't have a choice because there's a jurisdictional issue, so perhaps that's why the action was started in Michigan.
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#170613 - 07/16/08 12:52 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Bob Farmer]
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Richard Hatch
Registered: 01/17/08
Posts: 1020
Loc: Humble, Texas
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I hope MAGIC paid Brad Henderson's legal bills.
According the Court Filing listing online, the defendant is listed as "Brad Henderson and Stagewrite Publishing, Incorporated" so Stan probably did foot the legal bill.
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#170614 - 07/16/08 12:57 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Richard Hatch]
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Magic Newswire
Registered: 03/29/08
Posts: 1139
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We reported on this yesterday as well. I don't know about Michigan, but there are some states in which you can sue for damages if a lawsuit is deemed frivolous. In my humble opinion, this is the perfect definition of frivolous. I don't even know how this made it this far in any case. A review is an opinion... Are production companies going to start suing for bad movie reviews?
And.. I have to agree with Neil.. I am more concerned with reviews of products that make them seem to be a worthwhile investment when they are not.
What's that saying? If you can't stand the heat, don't invent magic?
Edited by Magic Newswire (07/16/08 12:59 PM)
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#170626 - 07/16/08 01:38 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Magic Newswire]
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Bob Farmer
Registered: 01/17/08
Posts: 301
Loc: Short card above selection.
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What's the link to the court filing?
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#170629 - 07/16/08 01:56 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Bob Farmer]
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Richard Hatch
Registered: 01/17/08
Posts: 1020
Loc: Humble, Texas
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What's the link to the court filing?
http://dockets.justia.com/docket/court-miedce/case_no-2:2008cv10493/case_id-227510/
The plaintiff had requested a jury, but I don't think it got that far, though that would have made for interesting theater... More information is available via subscription to the US Courts PACER system, which I don't have access to.
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#170630 - 07/16/08 02:00 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Richard Hatch]
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Richard Hatch
Registered: 01/17/08
Posts: 1020
Loc: Humble, Texas
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The Review appeared in the January 2007 MAGIC (Jon Stetson on the cover). The court case was filed more than a year later, on February 1, 2008.
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#170655 - 07/16/08 03:54 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: CraigMitchell]
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James Nelson
Registered: 01/17/08
Posts: 30
Loc: Hobart, Indiana
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Correct me if I am wrong (only once please)... Doesn't Henderson reside in Austin? Didn't Texas pass a Tort Reform Bill? Though not medical malpractice, wouldn't this fall under Tort?
James Nelson
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#170668 - 07/16/08 04:48 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: James Nelson]
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Bob Farmer
Registered: 01/17/08
Posts: 301
Loc: Short card above selection.
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I think the Texas law requires six shooters at noon, 30 paces apart.
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#170670 - 07/16/08 04:56 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: CraigMitchell]
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Gary Kosnitzky
Registered: 01/17/08
Posts: 122
Loc: Las Vegas
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Billy's website: 25offmagic.com
WHAT GOES AROUND COMES AROUND BILLY.
Edited by Gary Kosnitzky (07/16/08 04:58 PM)
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#170671 - 07/16/08 04:58 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Bob Farmer]
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mai-ling
Registered: 05/10/08
Posts: 381
Loc: 60081
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what ever happened to voicing your own opinion?
_________________________
you will remember my namewww.mai-ling.net world's youngest illusionista
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#170727 - 07/17/08 03:15 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Bob Farmer]
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Bill Palmer
Registered: 01/17/08
Posts: 648
Loc: Houston TX
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I think the Texas law requires six shooters at noon, 30 paces apart.
Don't stereotype Texans like that, Bob. That's sooooo condescending.
We use Cold Model 1911 .45 ACP's with the biggest magazine we can find. Since we are safety-minded, we use Glazer rounds. 
Which accounts for Nagler moving it to Michigan. He hasn't shot straight in a long time. (my opinion)
Edited by Bill Palmer (07/17/08 03:15 AM)
_________________________
Bill Palmer, MIMC
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#170746 - 07/17/08 09:43 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Matthew Field]
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Bob Farmer
Registered: 01/17/08
Posts: 301
Loc: Short card above selection.
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Even though Nagler lost, I think he did accomplish one thing: no one will ever review, advertise or discuss any trick he has anything to do with ever again.
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#170750 - 07/17/08 10:23 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Richard Hatch]
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Ray Banks
Registered: 01/17/08
Posts: 84
Loc: Houston, TX
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If Henderson doesn't live in Michigan why sue in Michigan?
Nagler lives in Michigan.
The suit was filed in federal court, not state court. I seem to remember that disputes between parties in different states are filed in federal court. If Brad had lost, Nagler could have recovered damages.
I'm not an attorney but I watched Perry Mason Sunday night and my girlfriend used to be a legal assistant.
_________________________
Pick a card....Any card....NO not THAT card..THIS one!
Ray Banks
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#170760 - 07/17/08 01:00 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: mai-ling]
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Jonathan Townsend
Registered: 01/17/08
Posts: 3630
Loc: Westchester, NY
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what ever happened to voicing your own opinion?
It went the way of "either join us or get the h*** out of or way unless you want to be called out and treated as a (insert bad words here) about a decade ago - and it's gone beyond the newspeak of PC to downright patriotic to demand conformity.
Or in the words of a John Lovick character from SNL - 'It stinks!'
Getting back to serious reviews...
I'd much prefer to see a performance of the work proffered (by the inventor or their delegate) followed by some commentary by someone who's done similar pieces and knows enough to discuss the pros and cons of the methodology used.
Since YouTube makes offering a performance video (can password access) almost trivial - perhaps that would help as a bare minimum for works seeking serious consideration IMHO.
Edited by Jonathan Townsend (07/17/08 01:01 PM)
Edit Reason: spllink
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#170765 - 07/17/08 02:13 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Jonathan Townsend]
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Pete McCabe
Registered: 01/18/08
Posts: 1445
Loc: Woodland Hills
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Jon Lovitz, you mean. And the character who said that was not from SNL but from his animated show called, I think, The Critic.
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#170768 - 07/17/08 02:35 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Pete McCabe]
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Jonathan Townsend
Registered: 01/17/08
Posts: 3630
Loc: Westchester, NY
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Thanks - the memory was auditory and your mention of The Critic brought back the visual 
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#170799 - 07/17/08 07:59 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Jonathan Townsend]
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Larry Barnowsky
Registered: 01/18/08
Posts: 129
Loc: Cooperstown, NY
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A Crackpot And A Noodnik
Who was the lawyer to took this case? Maybe he wasn't familiar with that obscure document known as The Bill of Rights.
Unbelievable
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#170836 - 07/18/08 12:12 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Larry Barnowsky]
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Ray Banks
Registered: 01/17/08
Posts: 84
Loc: Houston, TX
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A Crackpot And A Noodnik
Who was the lawyer to took this case? Maybe he wasn't familiar with that obscure document known as The Bill of Rights.
Unbelievable
And if he took on a contingency fee, he was REALLY stupid!
_________________________
Pick a card....Any card....NO not THAT card..THIS one!
Ray Banks
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#170872 - 07/18/08 01:45 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Bob Farmer]
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Bill Palmer
Registered: 01/17/08
Posts: 648
Loc: Houston TX
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Even though Nagler lost, I think he did accomplish one thing: no one will ever review, advertise or discuss any trick he has anything to do with ever again.
"And that's a good thing." -- Martha Stewart.
_________________________
Bill Palmer, MIMC
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#171051 - 07/21/08 08:57 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Bill Palmer]
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abc
Registered: 06/25/08
Posts: 51
Loc: Columbia, SC
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I just looked at the 25offmagic.com website of his, and about half of it is bad reviews of products. The pot and the kettle...?
_________________________
"Ars longa, vita brevis." (Life is short, the art so long to learn) -Hippocrates
John Tudor
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#171266 - 07/23/08 08:27 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: abc]
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Richard Perrin
Registered: 01/17/08
Posts: 217
Loc: Grovetown, Georgia
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Couldn't get in the website.
25offmagic.com
Any thought?
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#171272 - 07/23/08 09:14 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Richard Perrin]
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Van McGee
Registered: 01/18/08
Posts: 26
Loc: Texas
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I just checked and it's up.
Van
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#171281 - 07/23/08 11:19 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Van McGee]
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Jim Sisti
Registered: 01/17/08
Posts: 48
Loc: New England
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I just checked and it's up.
Pity...
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#171329 - 07/24/08 10:55 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Jim Sisti]
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000
Registered: 04/16/08
Posts: 487
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A lawyer once explained the contingency fee as follows
If I loose, you pay nothing
And if I win , you get nothing
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#176952 - 09/23/08 11:31 AM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Van McGee]
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Gary Kosnitzky
Registered: 01/17/08
Posts: 122
Loc: Las Vegas
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"What's good for the goose is good for the gander".....my Mom.
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#176953 - 09/23/08 12:11 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Gary Kosnitzky]
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Jonathan Townsend
Registered: 01/17/08
Posts: 3630
Loc: Westchester, NY
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that mean it's as good for the gooser as the ganderer?
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#176954 - 09/23/08 12:17 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Jonathan Townsend]
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Kevin Connolly
Registered: 01/17/08
Posts: 859
Loc: New Jersey
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Or It's good for the gooser as the goosee.
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#176955 - 09/23/08 12:23 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: Kevin Connolly]
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Jonathan Townsend
Registered: 01/17/08
Posts: 3630
Loc: Westchester, NY
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sounds like a match from eHarmony.
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#177000 - 09/23/08 09:39 PM
Re: Bill Nagler vs Brad Henderson - suing for writing a negative review
[Re: John LeBlanc]
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castawaydave
Registered: 01/17/08
Posts: 244
Loc: California
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Dr. Nagler's website is like reading one of those horrible HORRIBLE columns Larry King used to write for USA Today.
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