Legal Opinion
Westar Energy, Inc. v. Lake
Court of Appeals for the Tenth Circuit
Decided January 21, 2009No. 07-3219, 07-3280PublishedCited by 84 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
Plaintiff-Appellant Westar Energy, Inc. (“Westar”) appeals an interlocutory order requiring Westar to advance past and future legal fees incurred by Defendant Appellee Douglas Lake for his criminal defense. The district court did not label the order a preliminary injunction, but it meets the elements of a preliminary injunction and this court therefore has jurisdiction over the appeal under 28 U.S.C. § 1292(a)(1). The retrospective relief ordering the payment of past attorneys’ fees cannot be upheld as a preliminary injunction because the remedy is not necessary to…
2Cases cited26 opinions
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- Schrier v. University of ColoradoCourt of Appeals for the Tenth Circuit · 2005
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3Cited by84 opinions
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