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FLOOD v. CLEARONE COMMUNICATIONS, INC.

Nos. 09-4017, 09-4065.

618 F.3d 1110 (2010)

Frances M. FLOOD, Plaintiff-Appellee, v. CLEARONE COMMUNICATIONS, INC., a Utah corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 30, 2010.

Attorney(s) appearing for the Case

Neil A. Capobianco , Seyfarth Shaw LLP, New York, NY ( Brian S. Cousin , Seyfarth Shaw LLP, New York, NY, and James E. Magleby and Jennifer Fraser Parrish , Magleby & Greenwood, P.C., Salt Lake City, UT, with him on the briefs), for Defendant-Appellant.

Rodney R. Parker ( Max D. Wheeler and Sam Harkness , with him on the brief), Snow, Christensen & Martineau, Salt Lake City, UT, for Plaintiff-Appellee.

Before TYMKOVICH, EBEL, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Acting on its own motion, the district court issued a preliminary injunction requiring ClearOne to advance attorney fees and costs to its former CEO, who was then facing a criminal trial. ClearOne now appeals the district court's injunction, arguing that it was predicated on an error of law, and with this we are obliged to agree.

When assessing the former CEO's entitlement to a preliminary injunction, the district court began by assessing...

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