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ALI-ABA Topical Courses Trade Secrets From the ... - ALI CLE

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60The District Court had jurisdiction over this diversity6of citizenship action pursuant to 28 U.S.C. § 1332(a). Weexercise jurisdiction over Botticella’s interlocutory appealpursuant to 28 U.S.C. § 1292(a)(1). When reviewing adistrict court’s grant of a preliminary injunction, we review<strong>the</strong> court’s findings of fact for clear error, its conclusions oflaw de novo, and <strong>the</strong> ultimate decision granting <strong>the</strong>preliminary injunction for an abuse of discretion. Miller v.Mitchell, 598 F.3d 139, 145 (3d Cir. 2010) (citing McTernanv. City of York, 577 F.3d 521, 526 (3d Cir. 2009)).IV. DISCUSSIONIn determining whe<strong>the</strong>r to grant a preliminaryinjunction, a court must consider whe<strong>the</strong>r <strong>the</strong> party seeking<strong>the</strong> injunction has satisfied four factors: “(1) a likelihood ofsuccess on <strong>the</strong> merits; (2) he or she will suffer irreparableharm if <strong>the</strong> injunction is denied; (3) granting relief will notresult in even greater harm to <strong>the</strong> nonmoving party; and (4)<strong>the</strong> public interest favors such relief.” Miller, 598 F.3d at 147(citing Child Evangelism Fellowship of New Jersey Inc. v.Stafford Twp. Sch. Dist., 386 F.3d 514, 524 (3d Cir. 2004)).We turn first to <strong>the</strong> question of whe<strong>the</strong>r Bimbo hasdemonstrated a likelihood of success on <strong>the</strong> merits, an inquirythat was <strong>the</strong> primary focus of <strong>the</strong> District Court, and,6Bimbo is a citizen of Delaware and Pennsylvania and Botticellais a citizen of California.13

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