Benjamin
Benjamin v. Lorenzo
Opinion
Lead Opinion
MEMORANDUM *
Lenora Lorenzo and other officers of the Hawaii Nurses’ Association (HNA) appeal the denial of its December 8, 2003 motion to dissolve a preliminary injunction originally issued by the district court on November 7, 2003.
The issuance of preliminary injunction itself was not appealed. Our review is therefore limited to the “new material presented with respect to the motion to dissolve” and, consequently, we do not consider “the propriety of the underlying order.” Sharp v. Weston, 233 F.3d 1166, 1169-70 (9th Cir.2000). ‘We review the denial of a motion to dissolve an injunction for abuse of discretion, which we find if there was clear error in factual findings or erroneous application of law.” See Federal Trade Comm’n. v. Enforma Natural Products, Inc., 362 F.3d 1204,1212-13 (9th Cir.2004).
*157 Appellants sought dissolution based on evidence that collective bargaining between nurses and employers had broken down and that several employers had filed Amendment of Certification petitions (so-called “AC petitions”) with the NLRB, and that the NLRB declined to proceed in the face of the injunction. Because we determine that the injunction does not in any way infringe on…