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“Don’t Go Changing”…Court of Appeals Requires Carrier to Keep PIP Benefits in Place During Suit
The length of time that Plaintiff’s benefits had been in place loomed large in this case. It touches on issues of equity, especially the level of damage Plaintiff would suffer if they were altered after such a long time.
A preliminary injunction is considered an “extraordinary remedy,” and it is almost always an uphill battle to obtain one. It is also an equitable remedy. However, in Melrose, because the Plaintiff had an established, steady level of medical care for more than 30 years, the trial court and the Court of Appeals arrived at the same conclusion with relative ease.
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