Bissett
JDA Software, Inc. v. Bissett
Opinion
Lead Opinion
*534 MEMORANDUM *
Plaintiff JDA Software, Inc. (“JDA”) appeals the district court’s denial of JDA’s request for a preliminary injunction to enforce a non-competition and confidentiality agreement between JDA and its former employee, defendant Tom Bissett (“Bis-sett”). This court has jurisdiction on appeal of an interlocutory order of the district court refusing to issue an injunction. 28 U.S.C. § 1292 (a)(1). We now affirm.
DISCUSSION
The district court’s denial of JDA’s request for a preliminary injunction is subject only to “limited and deferential” review, Harris v. Bd. of Supervisors, 366 F.3d 754 , 760 (9th Cir.2004), and “may be reversed only if the court abused its discretion,” Earth Island Inst. v. U.S. Forest Serv., 442 F.3d 1147, 1156 (9th Cir.2006). A district court abuses its discretion if it “base[s] its decision on an erroneous legal standard or clearly erroneous findings of fact.” Id. at 1156 . Once the panel “determine^] that the district court employed the appropriate legal standards which govern the issuance of a preliminary injunction, and correctly apprehended the law with respect to the underlying issues in litigation,” its “inquiry is at an end.” Harris,…
Concurring Opinion
Rawlinson, J.
concurring.
I concur in the result.