Interference Claims

News & Analysis as of

Donald Trump’s Contribution To Nevada Corporate Law (And My Book)

A signature block in a contract seems like a small thing, but sometimes it can lead to litigation. When an officer signs a contract, is he signing solely as agent for the corporation or might he also be signing in his...more

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

Torts – Intentional Interference With Contractual Relations and Intentional Interference With Prospective Economic Advantage –...

Dan Popescu v. Apple Inc. - Court of Appeal, Sixth Appellate District (July 1, 2016) - The elements of the two separate but related torts of intentional interference with contractual relations (contract...more

T&E Litigation Newsletter- July 2016 #2

The first two weeks of July have brought us some warm weather and three new decisions worth noting: First, in Bank of America, N.A. v. Commissioner of Revenue, Docket No. SJC-11995 (July 11, 2016), the Supreme Judicial...more

Dismissal Denied For Discussing Disability: EEOC Case Against Employer Survives

Anti-discrimination laws command that “thou shall not retaliate…” The recent ruling in EEOC v. Day & Zimmerman NPS, Inc., Case No. 15-CV-01416 (D. Conn Apr. 12, 2016), is a case study in how employers can be taken to task for...more

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

Managing FMLA Fraud: Investigate, Don’t Assume

Continuing our three-part series on managing FMLA fraud, this post addresses the importance of conducting a reasonable investigation, prior to taking adverse action, to develop a supportable “honest belief” of FMLA...more

Michael Hensley and John Lierman Obtain Summary Judgment in an Interference with Contract Case

Michael Hensley and John Lierman, attorneys with Jones, Skelton & Hochuli, recently obtained summary judgment on all claims in Mohave County Superior Court, for client Sunquest Solar, Inc., a solar contractor which had been...more

In re Commonwealth Scientific & Industrial Research Organization, Bayer Cropscience NV (Fed. Cir. 2015)

Interferences, the U.S. Patent and Trademark Office's procedure for determining which of a plurality of inventive entities were the "first to invent," were eliminated by the Leahy-Smith America Invents Act, but they are not...more

Superior Court Explains Interference With Prospective Business Relationship And Good Faith Claim

This decision does an excellent job of setting out the elements of a claim for interference with prospective business relationships. Even better, it is a comprehensive summary of the elements of a claim for breach of the duty...more

Gaming the System? ERISA Interference Lawsuit Targets ACA-Driven Reduction of Hours Strategy

In a case believed to be the first of its kind, a recent class action claim has accused an employer of reducing hours of employees to avoid having to provide health coverage as required under the Patient Protection and...more

Pennsylvania Court Refuses to Enforce “No Damages for Delay” Clause

A Pennsylvania appellate court recently refused to enforce a “no damages for delay” clause and upheld an award of delay damages against a school district where the district actively interfered with a general contractor’s...more

Avoiding FMLA Interference Claims: Walking a Fine Line Between Permissible and Impermissible Comments

When it comes to Family and Medical Leave Act (FMLA) leave, not all comments are treated equally. Some comments may discourage an employee from using FMLA leave, thereby interfering with the employee’s FMLA rights and...more

Terminating Employee on Day After Return From FMLA Leave Not Good Idea

In some situations, employees taking Family and Medical Leave were on shaky grounds with regard to their continuing employment prior to the absence. The employer then moves to terminate the employee either while he remains on...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

Is Asking Employees to Do a Small Amount of Work During FMLA Leave a Form of Interference?

There’s an interesting story that’s been in the news recently regarding what the limitations are for employers when their employees go on FMLA leave. The Family and Medical Leave Act allows employees who meet certain...more

Focused on Franchise Law - May 2014

FRANCHISOR 101: When is Unreasonable, Reasonable? Crown Imports, LLC (Crown) imports Corona beer from Mexico. In 2008, two of Crown's Southern California distributors, Classic and HBC, agreed that Classic would buy...more

Court Denies an Adverse Interference Absent Materiality (New York)

Cognex Corporation v. Microscan Systems, Inc., 2013 WL 6906221 (S.D.N.Y. Dec. 31, 2013). in this patent infringement suit, the defendants moved for sanctions for spoliation of a disk that was essentially destroyed...more

Interference with Economic Relations by Unlawful Means - The SCC Clarifies Unsettled Tort and Gives a Warning to Fiduciaries

In the recent case of AI Enterprises Ltd v Bram Enterprises Ltd, 2014 SCC 12, the Supreme Court of Canada clarifies the unsettled scope of the tort of unlawful interference with economic relations and warns fiduciaries of the...more

NEW CASE ALERT (Easement Law): Refusing To Consent To Development Plans May Trigger Tort Liability For Interference With Easement

If an easement owner is required to obtain governmental approval in order to develop that owner’s property, and the neighboring property owner refuses to consent to the development (e.g. refusing to execute consent for a...more

Asahi’s Morning Sun – Court Holds Parent And Its Managers May Be Liable For Interfering With Subsidiary’s Contract

Yesterday’s post was intended to set the stage for a discussion of last week’s decision by the Court of Appeal in Asahi Kasei Pharma Corp. v. Actelion Ltd., 2013 Cal. App. LEXIS 1017 (Cal. App. 1st Dist. Dec. 18, 2013). The...more

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

Company allowed to pursue suit against former employee for unfair competition despite absence of trade-secret violation

In Angelica Textile Services, Inc. v. Park, a California court of appeal considered the issue whether Angelica’s common-law claims for breach of contract, unfair competition, and interference with business relations would be...more

FCC Increases Penalties for Alleged Interference Arising from Use of Wireless Devices Operating in Unlicensed Spectrum Bands

A recent FCC enforcement order signals the agency’s apparent intent to impose increasingly greater penalties on broadband providers using devices in unlicensed spectrum bands which interfere with other wireless systems....more

Idenix seen as unlikely to prevail against Gilead in HCV patent interference

Idenix Pharmaceuticals (NASDAQ:IDIX) faces an uphill battle to sufficiently demonstrate enablement in its ongoing patent interference against Gilead Sciences (NASDAQ:GILD) regarding their respective hepatitis C (HCV)...more

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