Utah Supreme Court
Jau-Fei Chen
October 8, 2004510 Utah Adv. Rep. 9
Summary
The Utah Supreme Court affirmed orders denying the defendants’ motion to vacate the appointment and empowerment of an interim CEO and affirming a worldwide preliminary injunction against competition with E. Excel. The court held that the challenge to the interim CEO concerned the exercise of authority within the trial court’s jurisdiction, was waived by delay, and would fail on the merits because the court had inherent equitable authority to make the appointment and provide judicial immunity. The court also held that Madame Chen received adequate notice and a meaningful opportunity to be heard, and that the injunction was not an abuse of discretion because defendants failed to marshal the evidence supporting their challenges.