Flood v. ClearOne Communications, Inc., No. 09-4017, involved defendant's appeal from a preliminary injunction requiring defendant-corporation to advance attorney fees and costs to its former CEO, who was then facing a criminal trial. The court vacated the order on the ground that the district court misread the parties' contract as a matter of law, disregarding express conditions to advancement specified in their agreement.
As the court wrote: "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."
Related Resources
- Full Text of Flood v. ClearOne Communications, Inc., No. 09-4017
