139 results for 'cat:"Interference With Contract" AND cat:"Contract"'.
J. Seabright refuses to dismiss part of a fired employee’s complaint against state deputy attorneys general for informing his Japanese employer about his previous litigation history. One of these attorneys general does not have qualified immunity as there is evidence of the deputy attorney general contacting his former employer. There is also evidence of malice and that she would have known about the employee’s employment contract at the Japanese company. Emotional distress claims are dismissed, however, as the act was not “outrageous.”
Court: USDC Hawaii, Judge: Seabright, Filed On: April 29, 2024, Case #: 1:23cv359, NOS: Other Civil Rights - Civil Rights, Categories: Government, interference With Contract, Employment Retaliation
J. Trauger partially grants the pharmacy defendants' dismissal motion in this lawsuit seeking injunctive relief against a former employee who allegedly went to work for a direct competitor. The dismissal motion is granted as to two of the plaintiff companies, as the complaint "fails to state a claim on behalf of these entities for which relief may be granted." The court additionally finds that the remaining plaintiffs are entitled to a preliminary injunction, based on the relevant factors.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 24, 2024, Case #: 3:23cv1217, NOS: Other Contract - Contract, Categories: interference With contract, contract
J. Frisch affirms the district court's grant of summary judgment to the school district transportation service coordinators and consultants in the transportation service providers' suit against them stemming from the providers' loss of actual or prospective business. Breach of illusory contract is not a cognizable cause of action under Minnesota law, and the district court properly disregarded several statements that would not be admissible at trial in considering summary judgment motions. Breach-of-contract and tortious-interference claims were also properly dismissed. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: April 15, 2024, Case #: A23-0644, Categories: interference With contract, contract
J. Rochon affirms a magistrate judge's order to transfer venue of this breach of contract suit to New Jersey. The plaintiff supermarket alleges the defendant supermarket used its influence as a member of a grocery co-op to induce the co-op to breach its agreement to supply the plaintiff supermarket with private-label groceries. The supply agreement contains a New Jersey choice-of-forum clause, and a non-signatory may enforce that agreement given that the co-op is an integral party to resolution of this dispute.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 11, 2024, Case #: 1:22cv7996, NOS: Other Contract - Contract, Categories: interference With contract, Venue, contract
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J. Landau finds the lower court properly issued a take-nothing judgment in this matter of alleged tortious interference. Evidence is sufficient to support the jury’s finding that a third-party factoring company did not engage in business disparagement or tortious interference with existing contracts when it contacted a freight brokerage company’s primary client seeking assistance in collecting payment from the freight brokerage. Affirmed
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 9, 2024, Case #: 01-22-00623-CV, Categories: Debt Collection, Tort, interference With Contract
J. Kacsmaryk finds that a case in which a mortgage association secured a loan from a bank with Home Equity Conversion Mortgage collateral and then declared that collateral agreement unenforceable, survives the mortgage association’s motion to dismiss. The bank’s claims in this case cannot be eliminated by statutory, regulatory or contractual elements and there is no legal barrier preventing claims of “interference with property rights” under Texas law.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: April 3, 2024, Case #: 2:23cv156, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, interference With Contract, Banking / Lending
J. Dale denies in part an airport baggage handling system company's motion to dismiss a business partner's claims for civil conspiracy, tortious interference with prospective economic advantage and tortious interference with contract. The business partner, who was the prime contractor, began negotiations to acquire the other company. After negotiations broke down, the business partner became concerned that the company was not complying with the teaming agreement and alleges that the president of the company made false allegations about the business partner to stop the acquisition from moving forward. The business partner has plausibly stated a tortious interference with prospective economic advantage claim.
Court: USDC Idaho, Judge: Dale, Filed On: April 2, 2024, Case #: 1:23cv499, NOS: Other Contract - Contract, Categories: interference With contract, contract
J. Starr denies a preliminary injunction to a franchisee of Pizza Hut that owns 142 restaurants; Pizza Hut seeks to terminate the franchise agreements, claiming the franchisee breached a forbearance agreement. The franchisee does not deny that they breached the forbearance agreement, nor provide evidence that Pizza Hut breached the agreement, making their claims unlikely to succeed and disqualifying them from a preliminary injunction.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 2, 2024, Case #: 3:24cv646, NOS: Franchise - Contract, Categories: interference With contract, contract, Injunction
J. Williams grants, in part, the insurers motion to dismiss this multiplan agreement under ERISA dispute brought by three insured employees regarding their health benefits. The employees seek to recover health benefits the insurers withheld, equitable relief under ERISA violations and negligent misrepresentation, tortious interference with the patient-physician contract or relationship, proscribe insurers’ conduct under a promissory estoppel theory and a violation of the Washington Consumer Protection Act. The employees are barred from equitable relief to recover health benefits at this stage, and fail to establish a standing for the multiplan agreement violations. The insurer Cigna is dismissed on all claims, and the others are dismissed from the negligent misrepresentation, tortious interference, promissory estoppel theory and Washington Consumer Protection Act claims. The court also grants the insurers motion to seal certain exhibits.
Court: USDC Connecticut, Judge: Williams, Filed On: March 30, 2024, Case #: 3:22cv769, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Settlements, interference With Contract
J. Blakey grants an asset management firm and its executives’ motions to dismiss counterclaims brought against them by one of the firm’s former managers. The asset management firm sued the former manager for breach of contract, fraud and trade secret misappropriation over his alleged lies to clients and intentional sabotage of business relationships. The former manager shot back with counterclaims of defamation, tortious interference and breach of fiduciary duty, but the court finds he has not sufficiently alleged any of these claims.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:22cv4269, NOS: Other Fraud - Torts - Personal Property, Categories: Tort, Defamation, interference With Contract
J. Hanks finds that neither claimant in a transportation dispute involving produce loads delivered crushed or at the incorrect temperature has met requirements to recover damages. The transporter of the produce claimed that defendant had discriminated against him based on his race and interfered with another contract after the damaged produce incident, but the discrimination claims are insufficient, and the transporter has not provided verification of the contract. The supplier claims damages from lost produce loads but fails to prove that the damaged produce was the result of the transporter’s negligence.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:20cv4236, NOS: Employment - Civil Rights, Categories: Employment, interference With Contract, Employment Discrimination
J. Tsuchida partially denies dismissal of the company owner's complaint that the hacker conference organizer imposed a lifetime ban on him by falsely accusing him of admitting to repeatedly sexually harassing people. The owner alleges sufficient facts to state claims of defamation related to a transparency report announcing his ban and to an update to DefCon's website referring to the owner's behavior.
Court: USDC Western District of Washington, Judge: Tsuchida, Filed On: March 28, 2024, Case #: 2:23cv1932, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, interference With Contract, Jurisdiction
J. Brnovich grants a city's motion for judgment on the pleadings concerning a bar owner who surrendered her liquor license after two detectives launched an "impromptu liquor inspection," which she alleges led to an "unbelievably false report." The city sufficiently showed in court that it revoked her license for violating zoning ordinances, and not because she is a Black business owner.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 27, 2024, Case #: 2:23cv752, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, interference With Contract
J. Kelley grants a recruiting firm’s motion for default judgment against a supplier that agreed to provide an engineer to the firm’s client, but then knowingly provided an imposter, requiring the client to have a forensic audit performed when they realized an imposter had been hired. The recruiting firm paid over $55,000 to cover the audit as a way to work towards maintaining a positive relationship with the client. The recruiting firm makes a plausible showing for all of its claims, including breach of contract, tortious interference and deceptive trade practices.
Court: USDC Massachusetts, Judge: Kelley, Filed On: March 27, 2024, Case #: 1:22cv11871, NOS: Other Contract - Contract, Categories: Damages, interference With contract, contract
J. Barbadoro denies two brothers’ motion for summary judgment against their former employer, who is suing them after they retained its confidential information, solicited its clients and competed against it. While the brothers claim the non-compete and non-solicitation provisions of their employment agreements are unreasonable and therefore unenforceable, they are, in fact, enforceable.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 25, 2024, Case #: 1:21cv781, NOS: Other Contract - Contract, Categories: Employment, Unfair Competition, interference With Contract
J. Parker finds that the district court improperly dismissed antitrust and tortious interference claims by one drugmaker against another in a dispute over delivery of a prescription medication to treat an eye condition that can cause blindness. The product market to be considered should have been limited to the one-step prefilled syringe injection method, which plaintiff drugmaker claimed defendant drugmaker, working with a third-party "filler" they both used, attempted to dominate through anticompetitive, secret agreements. Furthermore, plaintiff drugmaker adequately alleges that it was kept from learning about defendant drugmaker's contractual interference until the statute of limitations expired. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: March 18, 2024, Case #: 22-0427-cv, Categories: Antitrust, interference With Contract
J. Thompson grants a hospital and its chief of surgery’s motion to stay and compel arbitration in this employment dispute brought by a former employee. The employee must pursue her numerous claims, including fraud, negligence, sex discrimination, and assault and battery claims, through arbitration and this case is administratively closed pending the outcome.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 18, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, interference With Contract
J. Poplin partially grants the business defendants' motion to compel discovery in this lawsuit brought by timeshare developers asserting claims under the Lanham Act and the Tennessee Consumer Protection Act, based on the defendants' alleged efforts to disrupt their valid timeshare contracts. The timeshare plaintiffs are required to respond to certain requests, including requests for documents related to "bad debt" and "exit fees" stemming from timeshare cancellations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: March 18, 2024, Case #: 3:20cv251, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, interference With Contract, Discovery
J. Ludwig grants the technology services company's motion to dismiss three counts in the former employee's lawsuit in part claiming unpaid commissions and bonuses since her termination by the company in 2021. The employee's civil theft claim is improperly pleaded under a statute that does not apply to the alleged retention of her commissions and bonuses, and her tortious interference with contract and unjust enrichment claims cannot survive because they involve a "required" party that "cannot be feasibly joined" to the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 12, 2024, Case #: 2:22cv1400, NOS: Other Contract - Contract, Categories: Employment, interference With Contract