Tortious Interference With Contract

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If you have visited the restroom in an office building in the last five years, chances are you’ve had the opportunity to use Georgia Pacific’s hands-free paper towel dispenser known as "enMotion."  In a published opinion released yesterday, the Fourth Circuit generally ruled in GP’s favor on trademark infringement, tortious interference, and unfair and deceptive trade practices claims.

The enMotion dispenser (pictured here) operates through an electronic motion sensor that dispenses towels without any physical contact from the user’s hands.  The dispenser was designed for use with a proprietary paper…

Continue Reading 4th Circuit High-Fives Georgia Pacific in enMotion Towel Dispenser Case

What do you get when you mix together a luxury automobile, a tiger, and a wind tunnel?

It sounds like something out of the movie The Hangover, but it’s the case of BCD LLC v. BMW Manufacturing Co. LLC, an unpublished decision from the Fourth Circuit Court of Appeals.

BMW and Clemson University were developing a new Graduate Engineering Center. Plaintiffs wanted to build a wind tunnel facility — catering to the racing industry — as a part of the Center. They claimed that BMW and Clemson had…

Continue Reading Ruling That Competition Is A “Fact Of Life In A Market Economy,” Fourth Circuit Affirms Summary Judgment On Tortious Interference Claim

Today in Torres v. The Steel Network, Inc., 2009 NCBC 19 (N.C. Super. Ct. July 27, 2009), the Business Court dismissed a tortious interference claim against Bank of America, ruling that the Bank couldn’t be sued under that theory for exercising its rights under its loan documents.

Plaintiff, a shareholder in the Defendant The Steel Network (TSN), had entered into an agreement  to sell his minority interest to the Company for $4 million. The promissory note entered into in connection with the stock redemption called for payments to be…

Continue Reading Tortious Interference Claim Against Lender Dismissed By North Carolina Business Court

The Business Court ruled today in Crowder Construction Co. v. City of Charlotte, a construction law case, that North Carolina does not recognize the "cardinal change doctrine."  It also dismissed a claim that a project consultant had tortiously interfered with the contract between the general contractor and the City by rejecting the general contractor’s claims for payment.

A "cardinal change" is a change to a government contract which "fundamentally alters the contractual undertaking of the contractor."  It is a change which "cannot be redressed within the contract…

Continue Reading Business Court Dismisses Claims Arising From City Of Charlotte Construction Project

I’m writing this post about the Business Court’s past decisions involving tortious interference with contract because "tortious interference" is one of the most common searches leading readers to this blog. 

So, here’s a summary of more than a dozen Business Court decisions which involve that tort, with links to the summaries of the cases on this blog, which in turn have links to the full opinion and also to the briefs if they were available. 

Tortious interference claims survived dispositive motions in these cases: 

In Webb Builders, LLC v. Jones, January 24, 2002

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Continue Reading A Summary Of Tortious Interference With Contract Cases In The North Carolina Business Court

The Business Court today granted in part, and denied in part, a Motion to Dismiss in Gateway Management Services, Ltd. v. Advanced Lubrication Technology, Inc. Judge Tennille ruled on claims of tortious interference with prospective economic advantage, negligent misrepresentation, and misappropriation of trade secrets, among others.

Plaintiff (Gateway) alleged that the Defendant (ALT) sold it faulty lubricant which was used by automobile and truck dealers to which Plaintiff sold warranties.  The lubricant allegedly turned out to be defective, and Gateway claims it was called upon to pay substantial warranty claims.  …

Continue Reading Tortious Interference And Negligent Misrepresentation Claims Dismissed