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Yesterday, the Federal Trade Commission filed a notice of appeal with the United States District Court for the Middle District of Florida, signifying that it will ask the Eleventh Circuit Court of Appeals to overturn a trial judge’s August 15 decision to enjoin enforcement of its sweeping noncompete ban.
Should this concern employers? I’ll give you three reasons why it shouldn’t.
Appealing preliminary injunctions isn’t easy.
When an appellate court reviews the appeal of a preliminary injunction, it asks only whether the district court abused its discretion in granting the preliminary injunction. In other words, it’s not a do-over.