homology between copyright and tortious
interference with a prospect
The Holy See maintains that Doe has not alleged sufficient facts to demonstrate that Ronan was an 'employee' of the Holy See for purposes of the tortious
act exception, because the word 'employee' is a legal conclusion we are not required to accept as true.
Privileges that exist for otherwise tortious
conduct may affect the viability of a tortious
interference cause of action.
Francis correctly argued that the Court previously recognized a tortious
breach of contract claims where plaintiffs showed the wanton or reckless nature of a breach.
Furthermore, as per the FSIA s explicit terms, in order for the tortious
act exception to apply, the tortious
acts in question must have occurred in the United States.
The unreasonable risk may not double the underlying risk of injury, making it impossible for the plaintiff to prove that the physical harm, more likely than not, was caused by the tortious
conduct rather than by the underlying risk of injury.
In the specific context of a tortious
interference claim based on a noncompete sent to an employer, both the former employer and the law firm would be named defendants, and naturally the potential for a conflict of interest exists.
The Court points out, however, that the FSIA exception exists only if "(i) the plaintiff claims some injury caused by the tortious
act or omission of a foreign state; and (ii) this act or omission was 'non-discretionary.
Yet multiple jurisdictions--including Florida --have recognized tortious
interference claims when an employer has interfered with a former employee's new employment by threatening litigation against the new employer over a restrictive covenant that fails under the law.
Jacobson claimed that Cherney committed a fraud, a breach of contract, a breach of fiduciary duty and was also guilty of tortious
interfering with a possible contract with the higher bidder.