Bissett

JDA Software, Inc. v. Bissett

Good Law
282 F. App'x 532
United States Court of Appeals for the Ninth CircuitJune 10, 2008No. 07-16091California866 words

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.

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