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Tortious Interference Claims | Business Law

TORTIOUS INTERFERENCE

Business Dispute Attorney reviewing commercial litigation and cases related to Tortious Interference

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Throughout the country, tortious interference is a common law tort allowing a claim for damages against a defendant who illegally interferes with a plaintiff’s contractual or business relationships.

These claims may be intentional or negligent. An intentional act of tortious interference requires proof that a defendant intended to cause harm to the plaintiff, or was aware that harm was a likely result of their actions. Negligent interference requires a plaintiff to prove a defendant owed them a duty of care and breached the duty, leading to quantifiable damages.

Joe Lyon has experience filing lawsuits and reaching settlements following allegations of breach of duty and breach of contracts.

Business owners who have seen their company damaged by an individual or company can seek compensation.

Elements of Tortious Interference Claims

Contracts law governs a range of business and commercial activity, allowing individuals and established companies to take risks with the knowledge that they have legal recourse in the event of fraud or negligent action.

Breach of contract claims are possible between parties in a binding contract. This does not cover, however, many situations in which someone else interferes in a contractual or economic relationship. Tortious interference, or economic interference, allows recovery of damages for damaging acts that cause financial damage.

Two types of tortious interference include interference with prospective economic advantage (IWPEA), and interference with contractual relations (IWCR). Elements of basic claims can include:

    These claims may be intentional or negligent, many more like the various formulations of medications such as Mirapex, which can have intended therapeutic effects or unintended side effects. An intentional act of tortious interference requires proof that a defendant intended to cause harm to the plaintiff, or was aware that harm was a likely result of their actions. Negligent interference requires a plaintiff to prove a defendant owed them a duty of care and breached the duty, leading to quantifiable damages.

  • An economic relationship that was likely to benefit a plaintiff
  • A defendant’s knowledge of this relationship
  • Wrongful conduct by the defendant
  • Intent to disrupt an economic relationship, or knowledge that disruption was likely because of an act
  • Disruption of the relationship
  • Harm to the plaintiff
ABOUT THE LYON FIRM

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.

NO COST UNLESS WE WIN

The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

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Why are these cases important?

Business owners should protect themselves and should wait too long to discuss legal disputes with an attorney. It may be natural for some individuals to only confront litigation until a suit is filed. But it benefits business owners to build a case as soon as possible.

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Questions about Product Liability & Case Types

  • What types of business law do you commonly represent?

    Our attorneys represent plaintiffs in a wide range of business law, including the following practice areas:

  • What is Intellectual Property litigation?

    Below is a summary of the various types of intellectual property laws that are relevant to the permissions process.

    • Copyright. Federal copyright law protects original creative works such as paintings, writing, architecture, movies, software, photos, dance, and music. A work must meet certain minimum requirements to qualify for copyright protection. The length of protection also varies depending on when the work was created or first published.
    • Trademark. Brand names such as Nike and Apple, as well as logos, slogans, and other devices that identify and distinguish products and services, are protected under federal and state trademark laws. Unlike copyrighted works, trademarks receive different degrees of protection depending on numerous variables, including the consumer awareness of the trademark, the type of service and product it identifies, and the geographic area in which the trademark is used.
    • Right of Publicity. A  patchwork of state laws known as the right of publicity protects the image and name of a person. These laws protect against the unauthorized use of a person’s name or image for commercial purposes—for example, the use of your picture on a box of cereal. The extent of this protection varies from state to state.
    • Trade Secrets. State and federal trade secret laws protect sensitive business information. An example of a trade secret would be a confidential marketing plan for the introduction of a new software product or the secret recipe for a brand of salsa. The extent of trade secret protection depends on whether the information gives the business an advantage over competitors, is kept a secret, and is not known by competitors.
    • Right of Privacy. Although not part of intellectual property laws, state privacy laws preserve the right of all people to be left alone. Invasion of privacy occurs when someone publishes or publicly exploits information about another person’s private affairs. Invasion of privacy laws prevent you from intruding on, exposing private facts about, or falsely portraying someone. The extent of this protection may vary if the subject is a public figure—for example, a celebrity or politician.

    resource: https://fairuse.stanford.edu/overview/introduction/intellectual-property-laws/

     

  • What is Mercantile Law?

    Mercantile law is more commonly known as trade law or commercial law—and it describes the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.

    Commercial law focuses on the sale and distribution of goods, whereas business law focuses on the other aspects of business, including mergers and acquisitions, shareholder rights, employment disputes and property issues. Business law is regulated by both Ohio law and federal law. The federal government primarily governs finance, workplace safety and employment issues, though state laws can differ slightly.

  • What is a Non-Compete Lawsuit?

    Non-compete disputes involve contracts in which former employees agree not to compete with an employer for a specified period of time. Most non-compete lawsuits involve former employees soliciting business from the employer’s customers and not disclosing confidential information.

    Properly drafted non-compete contracts are critical for enforceability and adequate protection. Even if litigation cannot be avoided, non-compete agreements in place will help make litigation and settlements easier for all parties.

  • What is Business Fraud?

    Business fraud occurs through the omission, deception or misrepresentation of a contract, prospect, investment, project or other business entity. Business fraud litigation can result in monetary damages and irreparable damage to the reputation of a company or brand. Victims of fraud should consult an experienced business law professional. Fraud disputes involve various areas of law and may involve:

    • Fraudulent Inducement or Concealment
    • Misrepresentation, Omission, and Non-Disclosure
    • Intellectual Property Issues
    • Tortious Interference
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