Case Explained: Edwards Lifesciences, et al. v. Thompson, et al.

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-08-10 Docket: 1:24-CV-02558-RMR-KAS) The tenth-circuit dismissed an appeal challenging a district court’s grant of a preliminary injunction in an employment contract dispute involving non-competition and non-disclosure provisions. The court held the appeal was moot under Article III because the preliminary injunction expired by its own terms while the case was pending on appeal, leaving no ongoing controversy to resolve. Relying on 28 U.S.C. § 1292 and *Fleming v. Gutierrez*, the court explained that an interlocutory appeal from a preliminary injunction is moot where the effective time period of the injunction has passed. The court rejected the appellant’s argument that the underlying trade secret interpretation remained live, noting that preliminary injunction findings are not binding at trial on the merits under *Univ. of Tex. v. Camenisch* and no final judgment existed for review. Additionally, the court found the “capable of repetition, yet evading review” exception inapplicable because a renewed injunction would likely differ in scope and the appellant’s delays contributed to the expiration before resolution. The court declined to vacate the expired district court order, adhering to the usual practice of dismissing moot interlocutory appeals without vacatur. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.