Interference with Contract and Other Economic Expectancies: a Clash of Tort and Contract Doctrine Harvey S
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
United States District Court Eastern District of New York
Case 2:06-cv-04746-JFB-GRB Document 624 Filed 07/26/13 Page 1 of 35 PageID #: <pageID> UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK _____________________ No 06-CV-4746 (JFB)(ETB) _____________________ ANTHONY CONTE, Plaintiff, VERSUS COUNTY OF NASSAU, ET AL., Defendants. ___________________ MEMORANDUM AND ORDER July 26, 2013 ___________________ Joseph F. Bianco, District Judge: review of the record and submissions of the parties, the Court issued a Memorandum and Pro se plaintiff Anthony Conte Order dated September 30, 2010, granting in (“plaintiff” or “Conte”) filed the instant part and denying in part defendants’ motions action against the County of Nassau (“the for summary judgment and denying County”), Robert Emmons (“Emmons”), plaintiff’s motion for summary judgment in Philip Wasilausky (“Wasilausky”), William its entirety. Pursuant to that Order, the Wallace (“Wallace”), Christina Sardo following claims survived summary (“Sardo”), Michael Falzarano (“Falzarano”) judgment: (1) plaintiff’s false arrest claim (collectively, the “County defendants”), against Wasilausky; (2) plaintiff’s abuse of Tefta Shaska (“Shaska”), and Larry Guerra process claim against all of the County (“Guerra”) (collectively, “defendants”), defendants except Sardo; (3) plaintiff’s alleging federal claims under 42 U.S.C. Monell claim against the County; and (4) § 1983 for false arrest, malicious plaintiff’s tortious interference with contract prosecution, abuse of process, violation of claim against all of the County defendants the First Amendment, conspiracy, and except Sardo and Shaska. Monell liability against the County. Plaintiff also asserted various state-law claims. The matter was then tried before a jury, which found that (1) Wasilausky subjected Following discovery, both plaintiff and plaintiff to an unlawful arrest; (2) none of defendants filed motions for summary the County defendants maliciously abused judgment with the Court. -
GLOSSARY of LEGAL TERMS Ad Damnum
GLOSSARY OF LEGAL TERMS Ad damnum: The technical name of the clause in the complaint that contains a statement by the plaintiff of the amount of the damages he/she is claiming. Additur: The opposite of Remittitur. An increase in an award by the Judge done in the Court's discretion if he or she feel the Jury's judgment is inadequate. Adjudicate: To settle in the exercise of judicial authority; to determine finality. Admissions: Confessions, concessions, or voluntary acknowledgment made by a party of the existence of certain facts. Affiant: The person who makes and subscribes an affidavit. Affidavit: Sworn statement of a witness, which is verified by a Notary Public. Affirmative Defense: A defense that must be specifically pled by the defendant to be asserted at trial. If such a defense is not raised in the answer, it is waived. An example of an affirmative defense is contributory negligence, assumption of the risk, etc. Appellant: The party who takes an appeal from one court or jurisdiction to another in the interest of setting aside or reversing the judgment. Appellee: The party in a case against whom an appeal is taken, that is, the party who has an interest adverse to setting aside or reversing the judgment (some times called the respondent). Arbitration: Alternative dispute resolution in which the case is decided by an arbitrator or panel of arbitrators, usually experienced attorneys, former judges, or administrative law judges. The case is decided after an informal hearing. Arbitration is almost always binding. Assumption of the Risk: This is an affirmative defense. -
` United States District Court Eastern District Of
Case: 4:16-cv-01866-CDP Doc. #: 5 Filed: 12/15/16 Page: 1 of 5 PageID #: <pageID> UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DISTRICT CHARMANE SMITH, ) ) Plaintiff, ) ) v. ) No. 4:16CV1866 CDP ) MASTERCARD INTERNATIONAL, ) ) Defendant. ) MEMORANDUM AND ORDER This matter is before the Court upon the motion of plaintiff Charmane Smith for leave to proceed in forma pauperis. (Docket No. 2). Upon review of the financial affidavit plaintiff submitted in support of the motion, the Court has determined that plaintiff is unable to pay the filing fee. 28 U.S.C. § 1915. The motion will therefore be granted. In addition, plaintiff will be allowed the opportunity to submit an amended complaint. Standard of Review Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. To state a claim for relief, a complaint must plead more than “legal conclusions” and “[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A plaintiff must demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.” Id. at 679. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 678. Determining whether a complaint states a plausible claim for relief is a ` Case: 4:16-cv-01866-CDP Doc. -
Torts--Negligence--Substantial Factor Test
Case Western Reserve Law Review Volume 15 Issue 4 Article 13 1964 Torts--Negligence--Substantial Factor Test Russell B. Mamone Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Russell B. Mamone, Torts--Negligence--Substantial Factor Test, 15 W. Rsrv. L. Rev. 807 (1964) Available at: https://scholarlycommons.law.case.edu/caselrev/vol15/iss4/13 This Recent Decisions is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 19641 Negligence - Substantial Factor Test While it is the right of the press ... to freely criticize and comment upon the official action and conduct of a public officer, false and de- famatory words ... are not privileged on the ground that they related to a matter of public interest, and were spoken or published in good faith.'7 Since Sullivan, of course, this is no longer either the majority or Ohio position. After the Sullivan case, good faith is a defense to a libel action and malice cannot be inferred from the falsity of the statement - it must be proved by the plaintiff to have actually existed in the mind of the critic at the time the statement was printed. What effect this decision will have upon the attitude of the country's newspapermen remains to be seen. Nevertheless, Sullivan should provide sufficient safeguards to enable an even wider and more open presentation of events and issues by responsible reporters and columnists. -
Retiring Workplace Tortious Interference Claims Donn C
Hofstra Labor & Employment Law Journal Volume 34 | Issue 1 Article 4 9-1-2016 Retiring Workplace Tortious Interference Claims Donn C. Meindertsma Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlelj Part of the Labor and Employment Law Commons Recommended Citation Meindertsma, Donn C. (2016) "Retiring Workplace Tortious Interference Claims," Hofstra Labor & Employment Law Journal: Vol. 34 : Iss. 1 , Article 4. Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol34/iss1/4 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Labor & Employment Law Journal by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Meindertsma: Retiring Workplace Tortious Interference Claims PRACTITIONERS' NOTES RETIRING WORKPLACE TORTIOUS INTERFERENCE CLAIMS Donn C. Meindertsma Are you a rung or two lower on the corporate ladder than you expected to be at this point in your career? Sue your boss. Suits by unhappy employees against supervisors or cubicle-mates are nothing new. In at least one manifestation, however, the right to sue coworkers over workplace disputes has developed in an ad hoc manner based on an all-purpose tort theory, tortious interference. As a result of this organic development, the law is unclear and in many respects confounded by inconsistencies. The lack of clarity leaves employers and employees guessing about the legal duties coworkers owe to each other in the workplace.' Courts should freshly examine the viability of claims that a coworker tortiously interfered with the plaintiffs job. -
San Diego Law Review November-December 2003
40 SANDLR 1315 Page 1 (Cite as: 40 San Diego L. Rev. 1315) San Diego Law Review November-December 2003 Symposium Baselines and Counterfactuals in the Theory of Compensatory Damages: What Do Compensatory Damages Compensate? *1315 RETHINKING INJURY AND PROXIMATE CAUSE John C.P. Goldberg [FNa1] Copyright © 2003 San Diego Law Review Association; John C.P. Goldberg Table of Contents I. Introduction ............................................... 1315 II. Perry on Harm ............................................. 1316 III. Harm Versus Injury ....................................... 1321 A. Injury, Harms, Rights Violations, and Lost Expectancies .. 1321 B. Harm and Damages ......................................... 1330 IV. Harms, Wrongings, and a Rationale for Proximate Cause ..... 1332 V. Conclusion ................................................. 1343 I. Introduction Injury and proximate cause form two components of a plaintiff's prima facie negligence case. [FN1] Although equals in this sense, they have received starkly different treatment at the hands of judges and scholars. Proximate cause has long attracted attention, yet has also managed to defy repeated efforts at characterization and explanation. [FN2] Injury, by *1316 contrast, seems to have been largely ignored. [FN3] One of the many virtues of Professor Perry's paper [FN4] is that it prompts reconsideration of this disparate treatment from both ends. By offering a subtle and rich account of the related concept of "harm," Perry permits us to see that the concept of "injury" is normative, contestable, and therefore laden with interesting questions. Likewise, his analysis provides a springboard from which to launch an inquiry into proximate cause. In this Commentary, I will undertake both of these projects, first, by reviewing and elaborating Professor Perry's thoughtful analysis of harm, then by analyzing the distinction between the concepts of harm and injury, and finally by sketching an account of proximate cause that can help explain why it has a legitimate role to play in negligence law. -
Interference with Business and Contractual Relations
The IDC Monograph Mark J. McClenathan Heyl, Royster, Voelker & Allen, P.C., Rockford Crossing the Line: Interference with Business and Contractual Relations I. Introduction A prospective client approaches you and asks if you are willing to represent her in a real estate case that has been pending for some time. She explains that she fired her attorney and is filing an ARDC complaint against him. You immediately turn down the assignment, and, at her request, give her the names of three local attorneys who specialize in real estate law and are respected litigators. The meeting lasted 20 minutes. Several months later, the client’s discharged attorney serves you with a summons and complaint charging you and the client’s new attorney with tortious interference with business relations. What did you do to deserve this lawsuit? What did you do wrong? Did you “interfere” with another attorney’s relationship with his client? Was your act “intentional”? In today’s litigious society, common law causes of action are being stretched to the limit to give anyone a forum to seek redress for their alleged injuries, damages, failures, and disappointments, especially when something does not go their way. Losing a client or customer happens every day; there are no guarantees. But what if the competitor is not playing “fair”? There are plenty of attempts by business owners to protect what is “theirs.” For instance, employers may ask their employees to sign restrictive covenants, such as covenants not to compete and confidentiality agreements. If employees leave and either start their own business or work for a competitor, we often see employers filing petitions for injunctions to enforce said “contracts” against former employees and their new employers to protect market share and proprietary information. -
IN the SUPREME COURT of TENNESSEE at NASHVILLE May 23, 2018 Session1
06/19/2019 IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE May 23, 2018 Session1 BENJAMIN SHEA COTTEN, AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CHRISTINA MARIE COTTEN, DECEASED, ET AL. v. JERRY SCOTT WILSON Appeal by Permission from the Court of Appeals Circuit Court for Williamson County No. 2015-194 Michael W. Binkley, Judge ___________________________________ No. M2016-02402-SC-R11-CV ___________________________________ In this wrongful death action, the plaintiff estate seeks to hold the defendant liable for negligently facilitating the decedent’s suicide. While staying alone in the defendant’s home, the adult decedent committed suicide by shooting herself with a gun that was unsecured in the defendant’s home. The decedent’s estate sued the defendant, alleging that he should have known the decedent was potentially suicidal and that he negligently facilitated the suicide by failing to secure the gun while the decedent was in his home. The trial court granted summary judgment in favor of the defendant, and the Court of Appeals reversed. We hold that the evidence is insufficient for a trier of fact to find that the decedent’s suicide was a reasonably foreseeable probability; consequently, the decedent’s suicide constitutes a superseding intervening event that breaks the chain of proximate causation. Accordingly, we reverse the Court of Appeals and affirm the trial court’s grant of summary judgment in favor of the defendant. Tenn. R. App. P. 11 Appeal by Permission; Judgment of the Court of Appeals Reversed; Judgment of the Trial Court Affirmed 1 We heard oral argument in this case at Tennessee Technological University in Cookeville, Tennessee, as part of the Tennessee American Legion Boys State S.C.A.L.E.S. -
Thou Shalt Take Thy Victim As Thou Findest Him: Religious Conviction As a Pre-Existing State Not Subject to the Avoidable Consequences Doctrine
File: 5 Loomis.doc Created on: 12/14/06 4:44 PM Last Printed: 12/23/06 1:33 PM 2007] 473 THOU SHALT TAKE THY VICTIM AS THOU FINDEST HIM: RELIGIOUS CONVICTION AS A PRE-EXISTING STATE NOT SUBJECT TO THE AVOIDABLE CONSEQUENCES DOCTRINE Anne C. Loomis* INTRODUCTION As Gwendolyn Robbins’ seventy-year old father drove along a high- way in upstate New York, his car veered off the road at sixty-five miles per hour and turned over in a culvert on nearby farmland.1 After a long day of driving from New York City to Plattsburgh and back, he fell asleep at the wheel.2 Gwendolyn was a passenger in the car, and she suffered a severely damaged left hip and an injury to her right knee.3 Gwendolyn was faced with a choice: she could accept well-recognized and established surgical procedures, which would offer her the prospect of a good recovery and near-normal life; or, she could refuse these procedures and accept the inevi- table necrotic development in the bone structure of her injured limbs, which would ultimately lead to a wheelchair-bound life.4 For Gwendolyn, there was no question which option to take: the wheelchair-bound life. Gwendolyn was a devout Jehovah’s Witness, and she refused the surgical procedures because her religion prohibited blood transfusions, which the surgeries would require.5 When a defendant injures a plaintiff, tort law normally applies the “Avoidable Consequences Doctrine,” or the duty to mitigate damages. The plaintiff is expected to take reasonable steps to minimize her anticipated losses. -
Barry V. Quality Steel Products, Inc
****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** NEIL BARRY ET AL. v. QUALITY STEEL PRODUCTS, INC., ET AL. BERNARD COHADE ET AL. v. QUALITY STEEL PRODUCTS, INC., ET AL. (SC 16700) Sullivan, C. J., and Borden, Norcott, Palmer and Zarella, Js. Argued September 11, 2002Ðofficially released May 6, 2003 Joel T. Faxon and David Beekman, pro hac vice, with whom was Andrew J. -
In the United States District Court for the District Of
8:11-cv-00270-LES-FG3 Doc # 64 Filed: 06/07/12 Page 1 of 5 - Page ID # <pageID> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA AMERICAN HOME ASSURANCE ) COMPANY and CARGILL MEAT ) SOLUTIONS CORPORATION, ) ) Plaintiffs, ) 8:11CV270 ) v. ) ) GREATER OMAHA PACKING COMPANY,) MEMORANDUM AND ORDER INC., ) ) Defendant. ) ______________________________) This matter is before the Court upon plaintiffs’ motion to dismiss defendant’s counterclaim (Filing No. 46) and defendant’s motion for oral argument regarding motion to dismiss (Filing No. 54) and motion in limine and request for oral argument (Filing No. 55). After reviewing the motions, briefs, and relevant law, the Court will deny plaintiffs’ motion to dismiss and deny defendant’s motion for oral argument and motion in limine and request for oral argument. I. Background This lawsuit arises out of the sale of some raw beef trim by defendant to Cargill Meat Solutions Corporation (“Cargill”), which plaintiffs claim was contaminated with the bacterium known as “E. coli 0157:H7.” On February 1, 2012, defendant filed an amended answer to plaintiffs’ complaint that asserted a counterclaim against Cargill for tortious interference with business relationships and expectancies (Filing No. 40). 8:11-cv-00270-LES-FG3 Doc # 64 Filed: 06/07/12 Page 2 of 5 - Page ID # <pageID> Defendant’s counterclaim arises from a New York Times article that allegedly contained false information supplied by Cargill’s representatives. Id. Defendant claims that one or more of its existing and potential business customers learned about the false information, leading them to terminate their business and/or refuse to do business with defendant. -
In the United States District Court for the Northern District of Iowa Cedar Rapids Division
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION CRST EXPEDITED, INC, Plaintiff, No. 17-cv-25-CJW-KEM vs. MEMORANDUM OPINION SWIFT TRANSPORTATION CO OF AND ORDER ARIZONA, LLC, Defendant. ____________________ TABLE OF CONTENTS I. FACTUAL BACKGROUND ............................................................. 2 II. APPLICABLE LAW ....................................................................... 5 III. NATURE OF CLAIMS AND CONTRACTS .......................................... 8 IV. CRST v. TransAm .........................................................................12 V. DISCUSSION OF CLAIMS ..............................................................14 A. Intentional Interference with Contract ..........................................14 1. Contract Validity and Enforceability ...................................14 a. Lack of Protectable Interest ......................................18 b. Violation of Public Policy ........................................26 2. Knowledge ..................................................................31 3. Intentional and Improper Conduct ......................................33 Case 1:17-cv-00025-CJW-KEM Document 169 Filed 06/04/19 Page 1 of 58 4. Causation ....................................................................36 5. Damages .....................................................................39 B. Intentional Interference with Prospective Economic Advantage ...........41 C. Unjust Enrichment .................................................................45