Interlocutory appeals, including those relating to injunctive relief, often present traps for the unwary. In state court in Maine, parties typically cannot appeal an order granting or denying a motion for preliminary injunction. The Law Court has so held in numerous cases, including Sanborn v. Sanborn. In federal court, by contrast, it is possible to appeal an order granting or denying a motion for preliminary injunction under 28 U.S.C. § 1292. But is it possible to appeal an order denying a motion for a temporary restraining order in federal court? This was the issue recently tackled by the First Circuit in Calvary Chapel v. Mills. The answer, in short, is “usually, no.”
Calvary Chapel is but one of the many cases that have spun out of the COVID-19 pandemic. In it, a church challenged an early executive order issued by Governor Mills limiting “non-essential” activities and gatherings. The plaintiff