United States First Circuit

Sua sponte modification of a preliminary injunction granting plaintiffs the right to Medicaid payments from the government of Puerto Rico is vacated where both the structure of the federal rules and the constitutional guarantee of due process require that a court not modify preliminary injunctions without giving prior notice to the parties and an opportunity for them to be heard.

Appellate Information

• Decided 10/02/2006
• Published 10/02/2006

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, SILER, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert A. Graham, with whom James L. Feldesman and Feldesman Tucker Leifer Fidell LLP were on brief, for appellant.


• For Appellees:
  
• Eduardo A. Vera-Ramírez, with whom Courtney R. Carroll, Landrón & Vera LLP, Roberto Sanchez-Ramos, Secretary of Justice, and Salvador Antonetti-Stutts, Solicitor General, were on brief, for appellee.