Physicians, medical group ask judge to reconsider injunction preventing Riverview Surgical Center participation — 6 insights

After a district judge issued an injunction preventing six physicians from opening, operating or owning a portion of yet-to-be-opened South Sioux City, Neb.-based Riverview Surgical Center, the physicians returned to court ask the judge to reconsider or clarify the motion, SUX 911 reports.

Here's what you should know:

1. Sioux City, Iowa-based Pierce Street Same Day Surgery is suing Sioux City-based Tri-State Specialists and its CEO Lee Hilka to prevent a group of physicians from partnering with four of the Piece Street physician partners in the development and promotion of Riverview Surgical Center.

2. A judge granted Pierce Street's request for the injunction Feb. 6. The injunction will remain active until a trial can determine if the physicians violated their noncompete clauses.

3. Six physicians in the case filed a request seeking clarification on the injunction. Terry Monk, MD, and Duane Nelson, MD, asked the injunction not be extended to them, while Adam Smith, MD, WIlliam Samuelson, MD, Kevin Liudahl, MD, and Joseph Morris, MD, requested the injunction be limited to only a year, instead of until Pierce Street's lawsuit goes to trial.

4. When granting the injunction, the judge referenced submitted evidence saying it would likely convince a jury the physicians violated their noncompete clauses.

5. The physicians denied investing in Riverview and denied any ownership, management or employment roles with the center. The physicians also argued their noncompete clauses, applied only towards involvement in an existing center and not a new center.

6. In response to Pierce Street's lawsuit, the physicians and Tri-State filed a counter lawsuit in January, claiming wrongful termination.

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