Ford

Herbalife International America Inc. v. Ford

Good Law
287 F. App'x 600
United States Court of Appeals for the Ninth CircuitJuly 22, 2008No. 08-55020California313 words

Opinion

Lead Opinion

MEMORANDUM *

Defendants appeal the preliminary injunction entered in this case asserting that it is overbroad. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1) and review for an abuse of discretion. Negrete v. Allianz Life Ins. Co. of N. Am., 523 F.3d 1091, 1096 (9th Cir.2008); Freecycle Network, Inc., v. Oey, 505 F.3d 898, 901-02 (9th Cir.2007). We affirm the preliminary injunction in part and reverse it in part.

Defendants do not challenge paragraphs one or two of the preliminary injunction, which prohibit defendants from using Herbalife-generated reports to solicit Herbalife customers or distributors. Paragraphs one and two of the preliminary injunction are affirmed. Although defendants challenged paragraph four, that paragraph is now moot as the one-year period to which it applied has expired for all defendants. See LGS Architects, Inc., v. Concordia Homes of Nev., 434 F.3d 1150, 1153 (9th Cir.2006).

Defendants challenge the last clause of paragraph three, which prohibits them from “Using or disclosing for business related purposes ... contacts or business information acquired during [defendants’] work with Herbalife.” Defendants assert that this clause improperly…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.