Does a preliminary injunction need to be modified or overturned?

MultiRegion, United States of America

The following excerpt is from U.S. v. BNS Inc., 858 F.2d 456 (9th Cir. 1988):

Our review of a district court's decision whether to issue a preliminary injunction is quite limited. Lou v. Belzberg, 834 F.2d 730, 733 (9th Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 1302, 99 L.Ed.2d 512 (1988). We will reverse or modify an order granting such an injunction, however, if the court (1) based its decision on erroneous legal standards; (2) relied on clearly erroneous findings of fact; or (3) otherwise abused its discretion. See id. We conclude that while there was a proper legal and factual basis for issuing a preliminary injunction, the district court's order was overbroad under the circumstances and, to that extent, constituted an abuse of discretion. Modification of the injunction therefore was appropriate.

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