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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.