Dibattisto
Dibattisto v. PSS World Medical, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Judy DiBattisto and Micro-Bio Medics, Inc. seek reversal of the district court’s preliminary injunction. We review both the issuance and scope of a preliminary injunction for abuse of discretion. Idaho Watersheds Project v. Hahn, 307 F.3d 815, 823 (9th Cir.2002).
The employment agreement signed by DiBattisto is governed by Florida law. Because federal district courts sitting in diversity apply the choice of law rules of the state in which they sit, Nevada’s choice of law rules apply. See Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496-97 , 61 S.Ct. 1020 , 85 L.Ed. 1477 (1941). Under the rule set out by the Nevada Supreme Court in Ferdie Sievers & Lake Tahoe Land Co. v. Diversified Mortgage Investors, 95 Nev. 811 , 603 P.2d 270, 273 (1979), Nevada would honor the choice of Florida law contained in the agreement.
The district court’s determination that DiBattisto’s employment in Nevada was covered by the agreement was not an abuse of discretion. It correctly concluded the geographic restriction in the agreement applied to the territory in which DiBattisto had worked during the 12-month period preceding the termination of her employment.