DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131167P.pdf 03/10/2014 1-800-411-Pain Referral v. Richard Tollefson, D.C.
U.S. Court of Appeals Case No: 13-1167
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Kelly, Circuit
Judge]
Civil case - Civil rights. In action alleging amendments to Minnesota's
No-Fault Automobile Insurance Act, Minn. Stat. Sections 65B.41-47,
violated the First Amendment, the district court did not err in denying
plaintiffs' motion for a preliminary injunction barring enforcement of the
Act; in an action to enjoin enforcement of a validly enacted statutes, the
plaintiffs must establish as a threshold matter that they are likely to
prevail on the merits; the district court did not err in determining that
plaintiffs' radio ads referencing possible entitlement of up to $40,000 in
injury and lost wage benefits were inherently misleading; plaintiffs' TV
ads depicting actors playing police officers and EMTs speaking to the
audience and telling viewers to call the service immediately after an
accident were misleading; section of the Act mandating that any
advertising for medical treatment eligible for coverage under the Act be
undertaken only by or at the direction of a health care provider was
constitutional; disclosure provisions in the Act were constitutional.