Malan

Iris Management Group, LLC v. Malan

Good Law
329 F. App'x 112
United States Court of Appeals for the Ninth CircuitJune 4, 2009No. 09-15173California944 words

Opinion

Concurring Opinion

Rawlinson, J.

concurring:

I concur in the result.

Lead Opinion

MEMORANDUM **

Todd Malan appeals the district court’s denial of his request for preliminary in-junctive relief against IRIS Management Group, LLC (“IRIS”), and also appeals the district court’s grant of preliminary injunc-tive relief to IRIS. We have jurisdiction under 28 U.S.C. § 1291 (a)(1), and we affirm.

The parties are familiar with the facts of this case, and we discuss them here only as necessary to explain our disposition. We apply Nevada law to the substantive legal question here: whether the district court properly denied Malan’s request for preliminary injunctive relief and properly granted in part IRIS’s request for preliminary injunctive relief. 1 See Sims Snowboards, Inc. v. Kelly, 863 F.2d 643, 646-47 (9th Cir.1988) (holding that Federal Rule of Civil Procedure 65 addresses only the procedural aspects of injunctive relief, while state law controls whether injunctive relief is appropriate). Nevada law allows preliminary injunctions in three situations:

Nev.Rev.Stat. Ann. § 83.010.

Although maintaining the provisions of the Temporary Restraining Order (“TRO”) that protected Malan’s rights in the disputed websites, the district court declined to order a complete…

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