Preliminary Injunction denied-likelihood of success at trial?

[lima_charlie]

What is the name of your state (only U.S. law)? CA

May be a broad question, but if the Preliminary Injunction application is denied (failed to show both a likelihood to prevail and irreparable harm), what are the chances at trial?

Short story: Went to work as Independent Contractor for Company A. After 90 days, it didn't work, so I resigned. Approx. 60 days later, I started my own agency, which competes with Company A. I utilize the same accounts and contacts that I had prior to working for Company A. Company A is/was upset, filed lawsuit claiming fraud, theft of confidential and proprietary information, utilization of trade secrets, and slander.

Judge wrote 3 page decision stating Plaintiff does not define nor identify "confidential or proprietary information." Judge also stated that Plaintiff failed to prove I am utilizing any of his information in my own business (which I'm not.)

I have witnesses that are willing to testify regarding the slander allegations; others, I suppose I could subpoena.

I would like to get the case dismissed as it is turning in to a David versus Goliath situation. If not, is it possible to recover attorney fees if I prevail?

Thanks in advance for feedback!

 

[Ohiogal]

What is the name of your state (only U.S. law)?

Don't preview your post as that makes the forum hungry and eat it. And one does not have a direct correlation to the other.

 

[lima_charlie]

Don't preview your post as that makes the forum hungry and eat it. And one does not have a direct correlation to the other.

Sorry about that. I must have goofed something up.

 

[tranquility]

To get a preliminary injunction requires a high burden as the hearing is so quick. (With the attendant problems.) It has no real relationship to if an injunction is eventually issued. If the plaintiff can't show he really, really needs relief now and really, really is likely to win, the judge won't give the emergency relief sought. That does not mean that after due discovery and deliberation the plaintiff won't prevail.