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Posts Categorized: Tortious Interference

Posted: November 2, 2017

Valid Threats of Patent Litigation Against Customers Not Tortious Interference

On October 24, 2017, the First Department issued a decision in Lotes Co., Ltd. v. Hon Hai Precision Industry Co., Ltd., 2017 NY Slip Op. 07397, dismissing a claim for tortious interference based on the defendant’s threats to sue the plaintiff’s customers for patent infringement, explaining: The court properly dismissed plaintiff’s claim that defendant tortiously… Read more »

Posted: June 17, 2017

Claim Fails Heightened Tortious Interference Pleading Standard for Corporate Officers

On June 5, 2017, Justice Oing of the New York County Commercial Division issued a decision in TC Tradeco, LLC v. Karmaloop Europe, AG, 2017 NY Slip Op. 31217(U), holding that a claim failed to meet the heightened pleading standard applied to a claim of tortious interference with a corporation’s contract made against a corporate… Read more »

Posted: October 14, 2016

Tortious Interference Claims Dismissed; No Wrongful or Unjustified Conduct

On September 30, 2016, Justice Bransten of the New York County Commercial Division issued a decision in International Nut Alliance, LLC v. Bank Leumi USA, 2016 NY Slip Op. 31848(U), dismissing tortious interference claims because the conduct alleged was not tortious, explaining: To adequately plead a cause of action for the tort of inducing the… Read more »

Posted: August 19, 2016

Corporate Officer Who Personally Commits Tort May be Held Independently Liable

On August 10, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in DNA Model Management, LLC v. Next Management LLC, 2016 NY Slip Op. 31536(U), upholding a tortious interference claim against a corporate officer, explaining: A corporate official who personally participates in the commission of a tort may be held… Read more »

Posted: March 7, 2016

Client Q&A: My old boss’s lawyers are sending threatening letters to my new boss. What can I do?

My old boss’s lawyers are sending threatening letters to my new boss. What can I do? By Niall D. O’Murchadha The “threatening attorney letter” is a common feature of many of the business-related disputes discussed in these Client Q&As. If you suspect that a former (or current) employee or business partner is about to breach… Read more »

Posted: February 19, 2016

Manager Acting in Good Faith Not Liable for Inducing Performer to Breach Contract

On February 2, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Gottwald v. Sebert, 2016 NY Slip Op. 30198(U), holding that a talent manager could not be held liable for inducing its client to breach a contract. In Gottwald, the plaintiffs brought an action against a performer and, among… Read more »

Posted: February 18, 2016

Corporate Officer Not Liable for Inducing Corporation to Breach Contract Unless Officer Acts Exclusively In His Own Interest

On February 8, 2016, Justice Singh of the New York County Commercial Division issued a decision in Public Sector Pension Investment Board v. Saba Capital Management, L.P., 2016 NY Slip Op. 30215(U), holding that a corporate officer could not be liable in tort for inducing the company to breach a contract unless the officer acted… Read more »

Posted: January 14, 2016

Court Recognizes Claim for Tortious Interference with Enforcement of a Judgment

On December 29, 2015, the First Department issued a decision in Priestley v. Panmedix Inc., 2015 NY Slip Op. 09623, permitting the plaintiff to amend her complaint to assert a cause of action for tortious interference with the collection of a judgment. In Priestley, the plaintiff, who had obtained a federal money judgment against defendant… Read more »

Posted: October 17, 2015

No Interference with Prospective Business Relations Where Misconduct Directed at Plainitiff

On October 13, 2015, the First Department issued a decision in RXR WWP Owner LLC v. WWP Sponsor, LLC, 2015 NY Slip Op. 07447, affirming the dismissal of a claim for tortious interference with prospective business relations because “[c]onduct constituting tortious interference with business relations is conduct directed not at the plaintiff itself, but at… Read more »

Posted: September 13, 2015

No Tortious Interference Claim If Defendant Not But-For Cause of Breach

On August 18, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Oikonomos, Inc. v. Bahrenberg, 2015 NY Slip Op. 51300(U), holding that a plaintiff had no claim for tortious interference without proof that the defendant was the but-for cause of the breach, explaining: The elements of the tort of interference… Read more »