“Whether the panel erred, as a factual matter, by expressing in a precedential opinion that Appellee did not argue for preservation of a preliminary injunction in part, if the panel found other portions to be an abuse of discretion.”
“Alternatively, whether the panel’s decision to vacate an entire preliminary injunction (including parts unchallenged by Appellant) violated the party-presentation principle and Federal Rule of Appellate Procedure 28(a)(9).”
