93 F.4th 967
6th Cir.2024Background
- Brianna Shaw left her job at Marketing Displays International (MDI) for another employer, allegedly violating her one-year noncompete agreement.
- MDI sued and obtained a preliminary injunction in December 2022, barring Shaw from working for the new employer for one year.
- Shaw appealed the injunction in January 2023; both parties requested multiple briefing extensions, delaying the appeal process.
- Before the appeal was decided, the one-year noncompete period expired in December 2023.
- The appeal became moot since the injunctive relief at issue was no longer in effect, but underlying damages and attorney fees disputes remain pending in the district court.
Issues
| Issue | Shaw's Argument | MDI's Argument | Held |
|---|---|---|---|
| Whether appeal is moot after injunction lapse | Appeal not moot, as damages or fees could still be impacted | Appeal is moot since injunction expired | Appeal is moot; injunction expired |
| Damages related to wrongful injunction | Ruling could affect right to recover damages | Damages issues depend on final merits determination | Damages not affected by appeal; await final judgment |
| Attorney fees dependent on injunction validity | Attorney fees could turn on preliminary injunction validity | Fees depend on contract enforcement, not injunction status | Future fee disputes unaffected by current appeal |
| Whether appellate court should vacate order | Requests vacatur to avoid preclusive effect | No preclusive effect; no vacatur warranted | No vacatur; no preclusive effect, some mootness caused by Shaw |
Key Cases Cited
- Univ. of Tex. v. Camenisch, 451 U.S. 390 (preliminary injunction rulings do not bind ultimate merits)
- United States v. Munsingwear, Inc., 340 U.S. 36 (discusses vacatur of moot orders)
- U.S. Bancorp Mortg. Co. v. Bonner Mall P’ship, 513 U.S. 18 (vacatur traditionally denied when mootness is party-caused)
- Radiant Glob. Logistics, Inc. v. Furstenau, 951 F.3d 393 (expired injunction renders appeal moot, vacatur typically unwarranted)
- Miller-Davis Co. v. Ahrens Constr. Inc., 848 N.W.2d 95 (Michigan: contract damages require proven breach)