“Does the Erie doctrine require this Court to apply state substantive law when deciding an issue of contract interpretation under state law, including a state contract law principle that there can be no waiver of a statutory right unless that waiver is clearly and affirmatively expressed in the agreement?”
“When a district court denies a preliminary injunction motion based on the movant’s failure to establish the first two ‘gateway’ factors, and this Court reverses those determinations on appeal, is the appropriate remedy to vacate and remand for further proceedings to allow the district court to reevaluate and balance the four preliminary injunction factors before entering any injunction?”
