MS BANK S.A. BANCO DE CAMBIO, Plaintiff, v. CBW BANK, Defendant., 2020 U.S. Dist. LEXIS 174257

Summary

HOLDINGS: [1]-A foreign bank would not receive a temporary restraining order (TRO) since it had not met its burden under the proper test, it failed to allege facts establishing a substantial likelihood of success on the merits, while it focused on the force majeure clause, nothing in the service agreement required the domestic bank to delay or forego its termination rights while the foreign bank found a new American bank, the foreign bank had demonstrated a likelihood of irreparable harm in the absence of an injunction, the balance of equities tipped slightly in favor of granting a TRO, and the injunctive relief requested by the foreign bank would not be in the public interest because it would contravene the consent order between the domestic bank and the non-party FDIC.