DTC Energy Grp., Inc. v. Hirschfeld

Although I join in the conclusion reached by the majority, as well as most of its reasoning, I write separately to address DTC's argument that it continues to suffer irreparable harm based on the Defendants' past breaches. I would conclude an injunction can be based on the continuing irreparable harm caused by Defendants' past breaches. But because DTC has failed to support its continuing irreparable harm argument with evidence, I too would affirm the district court.

The district court denied injunctive relief because it concluded the duty of loyalty owed by the Defendants to DTC and the…