First Western Capital v. Malamed, F.3d, 2017 WL 4872570 (10th Cir. Oct. 30, 2017).
In this appeal from the issuance of a preliminary injunction, the Tenth Circuit applied its recent holding in Fish v. Kobach, 840 F.3d 710 (10th Cir. 2016) and reversed. Under Fish, issued six weeks after the district court’s issuance of the preliminary injunction, it was error to relieve the plaintiff of the obligation to establish irreparable injury on the basis that the two statutes at issue provided for, but did not mandate, injunctive relief as a remedy.