Opinion · Court of Appeals for the Ninth Circuit

Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc.

Herb Reed Enters., LLC v. Fla. Entm’t Mgmt., Inc., 736 F.3d 1239 (9th Cir. 2013)

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 2013-12-02
Topic: international-arbitration

WALLACE, Senior Circuit Judge, concurring: I agree that the district court’s preliminary injunction should be reversed. However, I write separately to emphasize that we are solely reviewing a preliminary injunction, and that we thus can express no view on issues arising after a trial dealing with a permanent injunction. See, e.g., Barahona-Gomez v. Reno, 167 F.3d 1228, 1234-35, 1238 (9th Cir.1999) (stating that the court, in reviewing a preliminary injunction, “express[ed] no opinion on the ultimate merits of [the] action”).

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WALLACE, Senior Circuit Judge,

concurring:

I agree that the district court’s preliminary injunction should be reversed. However, I write separately to emphasize that we are solely reviewing a preliminary injunction, and that we thus can express no view on issues arising after a trial dealing with a permanent injunction. See, e.g., Barahona-Gomez v. Reno, 167 F.3d 1228, 1234-35, 1238 (9th Cir.1999) (stating that the court, in reviewing a preliminary injunction, “express[ed] no opinion on the ultimate merits of [the] action”).