Legal Opinion

First Western Capital Management Co. v. Malamed

Court of Appeals for the Tenth Circuit

Decided October 30, 2017No. 16-1434, 16-1465 & 16-1502PublishedCited by 131 opinions

1Opinion of the Court

MATHESON, Circuit Judge.

First Western Capital Management (“FWCM”), an investment management company, and its parent company First Western Financial, Inc. (collectively, “First Western”), sought a preliminary injunction against former employee Kenneth Ma-lamed for misappropriating trade secrets. The district court excused First Western from demonstrating irreparable harm— one of the four elements a party seeking injunctive relief is typically required to prove—and granted the injunction. Mr. Malamed appeals. Exercising jurisdiction under 28 U.S.C. § 1292(a)(1), we reverse.

I. BACKGROUND

A.…

2Cases cited33 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Singleton v. WulffSupreme Court of the United States · 1976
  3. New Hampshire v. MaineSupreme Court of the United States · 2001
  4. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
  5. Weinberger v. Romero-BarceloSupreme Court of the United States · 1982

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3Cited by131 opinions

  1. Life Spine, Inc. v. Aegis Spine, Inc.Court of Appeals for the Seventh Circuit · 2021
  2. DTC Energy Grp., Inc. v. HirschfeldCourt of Appeals for the Tenth Circuit · 2018
  3. Trial Lawyers College v. Gerry Spences Trial LawyersCourt of Appeals for the Tenth Circuit · 2022
  4. Butler v. Bd. of Cnty. Com'Rs for San Miguel Cnty.Court of Appeals for the Tenth Circuit · 2019
  5. McDonnell v. City and County of DenverCourt of Appeals for the Tenth Circuit · 2018

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