April 16, 2019
CONTRACTUAL RIGHTS COME IN MANY FORMS
Your ability to protect contractual rights may be broader than you think. In a recent case, the United States Court of Appeals, Eleventh Circuit considered, among other things, the propriety of a tortious interference with contractual relations claim. In summary, the plaintiff allegedly had contracts with certain parties (the “Contract Parties”). Those contracts allegedly prevented the Contracting Parties’ from making fraudulent statements to the plaintiff. The plaintiff alleged that the defendant interfered with those contracts by directing the Contracting Parties to submit fraudulent applications to the plaintiff. The Eleventh Circuit found that the plaintiff adequately pled its tortious interference claim because the plaintiff pled that the defendant knew of the contract with the Contract Parties and that the defendant interfered with the contracts. The Eleventh Circuit also found that there was no allegation that the Contracting Parties were acting as the defendant’s agent.