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.
McClendon, III of Plantation, Florida, based on a jury's verdict finding both Defendants liable for defamation and
tortious interference with an advantageous business relationship and awarding monetary damages to Grant Street Group.
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.
of ``misappropriation of trade secrets, unfair competition,
tortious breach of confidence, breach of written contract, intentional interference with prospective economic advantage and unjust enrichment growing out of PPC's violation of a confidentiality agreement it entered into with the company as part of their investigation of a possible purchase.
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.
