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SISCO-LAW defeats Government Motion for Injunctive Relief

Sisco-Law defended a not for profit pain management clinic and its owners in three day evidentiary hearing in Federal court. The Government claimed a right to a preliminary injunction based upon alleged improper prescribing by a formerly employed physician.

A party seeking a preliminary injunction bears the burden of establishing their entitlement to relief. The party seeking injunctive relief has to establish: (1) a substantial likelihood of success on the merits; (2) irreparable injury will be suffered unless the injunction issues; (3) the threatened injury to the movant outweighs what ever damage the proposed injunction may cause the opposing party; and (4) if issued, the injunction would not be adverse to the public interest. Although the Government claimed that it was not required to establish "irreparable harm" in this instance, the Court rejected the Government's claim.

Without evidence of irreparable harm, the Government's request for preliminary injunction failed. The Government objected to the Magistrate's report and recommendation. The District Court Judge accepted and adopted the Magistrate's ruling.

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