Tortious Interference

News & Analysis as of

Recent Georgia Court of Appeals Case Highlights Alternative Theories of Relief in Unfair Competition Case

Beginning in law school, attorneys are trained to learn from reported appellate cases, and that education never stops. In a recent Georgia Court of Appeals case involving claims of unfair competition, Lyman v. Cellchem Int’l...more

Contractor’s Lawsuit Against Architect for Tortious Interference Allowed to Proceed

A U.S. District Court Judge for the District of Massachusetts has allowed a lawsuit to proceed brought by a contractor against an architect, alleging the architect falsely certified grounds for termination to the project...more

Trademark Bully or Not?

Chrysler and Moab Industries LLC (“Moab”) have been battling over the Moab mark for years. Moab holds the federally registered trademark Moab Industries®. Its business involves customization or uplifting vehicles—primarily...more

Construction Group News: Contractor Terminated by Owner Can Sue for Interference

A contractor terminated by a project owner brought suit against the architect alleging that the architect falsely certified grounds for termination. Barr Inc. v. Studio One, Inc., 2015 U.S. Dist. LEXIS 156007. C.A. No....more

Canadian Court Nixes Class Action for Patent Abuse

The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging that Pfizer unlawfully abused the patent system with...more

Stryker Losing Non-Compete Fight in Michigan (It’s Getting Ugly)

A very important decision out of the Western District of Michigan touches upon several important aspects of non-compete litigation and particularly non-compete defense. Not surprisingly, the case pits Stryker against a former...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

Third Time Is the Charm for Refinery in Getting Claims Dismissed With Prejudice

In a case that tested a federal judge’s patience for inadequate pleadings, a Michigan federal court shut down a group of business owners’ repeated attempts to craft viable tort claims against an oil refinery in a...more

Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad...more

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Stretched Past Its Limits: Have The Courts Extended Immunity From Online Tort Liability Too Far?

I have practiced entertainment and technology law for over 30 years. More than any other area of the law, the developments and enhancements in technology have outpaced the law’s ability to take those developments and...more

Court of Appeal Sets Aside Order for Disclosure of Unredacted Commission Decision and Orders Strike Out of Economic Tort-Based...

On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not...more

Going on Offense against State Deceptive Trade Practices AG Actions

We have posted many times about cases where a manufacturer of a regulated product is sued over alleged violations of a state consumer protection or deceptive trade practices act because of something allegedly amiss in the...more

English Court of Appeal Decision Limits Scope for Global Anti-Trust Claims

On 14 October 2015, the English Court of Appeal handed down an important judgment relating to private anti-trust actions. Emerald Supplies & Others v British Airways1 is one of the largest and most complex pieces of...more

Court Of Chancery Spells Out Aiding And Abetting Claim Requirements

Aiding and abetting claims are often filed against those who have worked with a fiduciary that is breaching his fiduciary duty. This decision explains the requirements for such a claim, particularly the need to show the...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Taylor Swift’s in legal trouble, trouble, trouble when accusation leads to DJ’s firing

Taylor Swift’s complaint that a DJ grabbed her derriere while a photograph was being taken before a concert has led to a federal lawsuit. The DJ claims he got a bum wrap (pun intended) and that it was actually someone else at...more

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities:...

We are pleased to announce the Summer 2015 issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. This issue discusses 13 new decisions that...more

You Own the Oil. Do You Own the Rock?

Riddle: What’s the difference between a hydrocarbon molecule and the underground structure which the molecule inhabits? Answer: In Texas, you can own one and not the other, according to Lightning Oil Co. v. Anadarko E&P...more

Court of Chancery Explains Notice Required Before Directors Act

This decision concerns a soap opera with bizarre facts and alleged witness tampering that hopefully will never be repeated. It does have a good discussion on what notice the board of directors must give to a controller before...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

Texas Hospital Strikes Back at Aetna

On February 23, 2015, Aetna filed suit in Texas federal court against Robert A. Behar, M.D. and North Cypress Medical Center (North Cypress), alleging that Dr. Behar, the CEO of North Cypress, offered impermissible ownership...more

When Is a Breach of a Covenant Not to Compete Also Unfair or Deceptive?

Next Monday, August 31, the North Carolina Supreme Court will hear arguments in an important business-versus-business case. Beverage Systems of the Carolinas v. Associated Beverage Repair (No. 316A14) includes two...more

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

Hidden Pitfalls of Old Non-Compete Provisions

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

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