Eagle Investors v. Bank of America

MEMORANDUM *

Eagle Investors, a Nevada corporation, appeals from the district court’s order denying its motion for a preliminary injunction in this diversity action. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We vacate and remand.

The district court erred in concluding that Eagle Investors has not shown a likelihood of irreparable harm. Where, as here, a right of action arises under state law, state law must also govern the extent to which damages are available to vindicate that right. See Clausen v. M/V New Carissa, 339 F.3d 1049, 1064-65 (9th Cir.2003); Begay v. Kerr-McGee Corp., 682…