The plaintiffs brought a motion for an interim injunction against a former employee and his new competing business, alleging breach of fiduciary duty and unfair competition through the use of confidential information and client solicitation.
The court found there was a serious issue to be tried regarding the breach of fiduciary duty.
However, the motion was dismissed because the plaintiffs failed to establish irreparable harm, as the alleged loss of business could not be directly attributed to the defendants and the plaintiffs delayed 11 months in bringing the motion.