Two recent Chancery decisions addressed the TRO Standard and the test for an interlocutory appeal.
In Dweck v. Nasser Kids International Corp.,download pdf file, the court denied a Motion pursuant to Rule 65(b) for a temporary restraining order (TRO). The two main reasons for the denial were the failure to establish a threat of imminent irreparable injury and the fact that four months elapsed after the lawsuit was filed but before the Motion for TRO was filed with the court. In light of those findings, the court did not address the other factors considered in connection with a request for a TRO.
In another case, Vice Chancellor Noble allowed an interlocutory appeal of his decision to grant a motion to amend in connection with issues of demand futility under Rule 23.1. Zimmerman v. Braddock, et al.,download pdf file.