United States Fifth Circuit

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Speaks v. Kruse, 05-30054

Denial of a motion for a preliminary injunction against enforcement of provisions of Louisiana law regulating health care provider's solicitation of prospective patients is vacated and remanded for entry of the injunction since the law at issue was not narrowly tailored to the state's interest in preventing "undue influence" or in protecting privacy.

Appellate Information

  • Decided 03/29/2006
  • Published 03/29/2006


  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • James F. McCarthy, III (argued), Katz, Teller, Brant & Hild, Cincinnati, OH, Ernest E. Svenson, Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, for Speaks.

  • For Appellees:
  • Charles Henry Braud, Jr. (argued), Baton Rouge, LA, for Defendants-Appellees.