Business Torts Reporter articles from October 2004

Business Torts Reporter archives from October 2004

Termination of at-will employees for bringing weapons to workplace in violation of company policy did not violate clear and substantial public policy.(highlight case)
October 1, 2004... Hansen v. America Online, Inc., 2004 WL 1608821 (Utah, July 20, 2004). America Online's (AOL) call center in Ogden, UT has a "Workplace Violence Prevention Policy" in place, pursuant to which employees are prohibited from bringing firearms to...

Breach of fiduciary duty.(In The Courts)
October 1, 2004... Joint venturer had standing to sue co-joint venturer for breach of fiduciary duty by alleging that defendant made misrepresentations that resulted in harming plaintiff's interest in venture. New Vista Development Corp. v. Doral Terrace...

Business defamation and disparagement.(In The Courts)
October 1, 2004... Employer's statement that executives were discharged "for cause" and for breaching their fiduciary duties was defamatory per se. Hayes Microcomputer Products, Inc. v. Franza, 2004 WL 1489863 (Ga. Ct. App., July 6, 2004). Gary Franza,...

Civil conspiracy.(In The Courts)
October 1, 2004... Allegation that defendants conspired to shift valuable asset from joint venture in which plaintiff was participant to one in which it was not a participant stated viable claim for civil conspiracy. New Vista Development Corp. v. Doral...

Fraud and negligent misrepresentation.(In The Courts)
October 1, 2004... Although defendants had no duty to disclose nature of transaction affecting plaintiff's interest, active concealment of details of transaction was actionable as actual fraud. Vega v. Jones. Day, Reavis & Pogue, 2004 WL 1719279 (Cal. Ct....

Interference with contract/prospective advantage.(In The Courts)
October 1, 2004... Federal court dismisses tortious interference claims in light of insufficient evidence that defendants' conduct toward its dealers was sufficiently "improper." Auto-Chlor System of Minnesota, Inc. v. JohnsonDiversey. No. 02-535 (D....

Noncompetition covenants.(In The Courts)
October 1, 2004... Noncompete agreement is valid and enforceable if employee's acquisition of confidential information creates "substantial risk" that employee will be able to divert all or part of employer's business if allowed to work for competitor. ...

Privacy and publicity.(In The Courts)
October 1, 2004... Defendants' unauthorized use of personal information about cell phone customers--names, addresses, phone numbers, and social security numbers--was not actionable as intrusion into seclusion. Busse v. Motorola, Inc., 2004 WL 1393612 (Ill....

Tortious breach of contract.(In The Courts)(Brief Article)
October 1, 2004... Termination of at-will employees for bringing weapons to workplace in violation of company policy did not violate clear and substantial public policy. Hansen v. America Online, Inc., 2004 WL 1608821 (Utah 2004). See "Highlight Case,"...