Roudachevski v. All-American Care Centers, Inc, No. 11-1768 (8th Cir. 2011)
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This case arose when appellant alleged claims of tortuous interference with contract or business expectancy and violation of the Arkansas Deceptive Trade Practices Act (ADTPA), Ark. Code Ann. 4-88-101, et seq. Appellant subsequently sought a temporary retraining order and preliminary injunction after appellee terminated appellant's patient privileges at a residential nursing home. The court held that appellant did not meet the factors in the Dataphase Syst. Inc. v. C.L. Syst., which evaluated whether to issue an injunction. Consequently, the court held that the district court did not abuse its discretion in denying the motion for a preliminary injunction and the judgment was affirmed.
Court Description: Civil case - Injunctions. District court did not err in denying plaintiff's request for injunctive relief in a dispute over the termination of his practice rights at defendant's facilities, as plaintiff failed to establish that the threat of irreparable harm; nor did the court err in finding the balance of factors between injury to plaintiff and defendant's need to avoid injury to patient care and order at its facilities favored defendant.
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