tortious interference claim (Alabama) · Go Syfert
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tortious interference claim in Alabama

8 Alabama opinions name it 1 courts 2001–2023 2 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Gross v. Lowder Rlty. Better Homes & Gardensgreen
ala · 1986 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023See generally Gross v. Lowder Realty Better Homes & Gardens, 494 So. 2d 590, 593 (Ala. 1986) (noting that interference with an employer-employee relationship can form the underlying basis for a tortious-interference cause of action); and James 23 SC-2022-0721 S. Kemper & Co. Se. v. Cox & Assocs., Inc., 434 So. 2d 1380, 1386 (Ala. 1983) (same).

11
James S. Kemper & Co. v. Cox & Associatesgreen
ala · 1983 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023See generally Gross v. Lowder Realty Better Homes & Gardens, 494 So. 2d 590, 593 (Ala. 1986) (noting that interference with an employer-employee relationship can form the underlying basis for a tortious-interference cause of action); and James 23 SC-2022-0721 S. Kemper & Co. Se. v. Cox & Assocs., Inc., 434 So. 2d 1380, 1386 (Ala. 1983) (same).

11
Soap Co. v. Ecolab, Inc.green
ala · 1994 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023See Soap Co. v. Ecolab, Inc., 646 So. 2d 1366, 1371 (Ala. 1994), overruled on other grounds by White Sands II.

11
White Sands Group, L.L.C. v. Prs II, L.L.C.green
ala · 2009 · cited in 1 Alabama opinions naming this issue, 2023–2023
2 sentences

2023It is well settled that the elements of a tortious-interference claim are: "(1) the existence of a protectable business relationship; (2) of which the defendant knew; (3) to which the defendant was a stranger; (4) with which the defendant intentionally interfered; and (5) damage." White Sands Grp., L.L.C. v. PRS II, LLC, 32 So. 3d 5, 14 (Ala. 2009) ("White Sands II").

2023This Court, moreover, has previously held that justification is an affirmative defense to a tortious-interference claim, see White Sands II, 32 So. 3d at 12 , and that the competitor's privilege defense is a "special application" of the justification defense.

11
Lee v. YES of Russellville, Inc.green
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2002–2002
1 sentence

2002"As this Court has held, `the existence and scope of an agency relationship are questions of fact to be determined by the jury.'" Lee v. YES of Russellville, Inc., 784 So.2d 1022, 1028 (Ala.2000), quoting Standard Plan, Inc. v. Tucker, 582 So.2d 1024, 1029 (Ala.1991) (emphasis added).

11
Standard Plan, Inc. v. Tuckergreen
ala · 1991 · cited in 1 Alabama opinions naming this issue, 2002–2002
1 sentence

2002"As this Court has held, `the existence and scope of an agency relationship are questions of fact to be determined by the jury.'" Lee v. YES of Russellville, Inc., 784 So.2d 1022, 1028 (Ala.2000), quoting Standard Plan, Inc. v. Tucker, 582 So.2d 1024, 1029 (Ala.1991) (emphasis added).

11
Kmart Corp. v. Bassettgreen
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001Because the absence of the defendant's involvement in the business relationship is an element of the plaintiff's tortious-interference claim, we reject Cellulink's contention that BellSouth may not assert that argument on appeal. [5] "The denial of a defendant's motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiffs claim." Kmart Corp. v. Bassett, 769 So.2d 282, 284 (Ala.2000); Jefferson County v. *213 Thompson, 766 So.2d 138, 142 (Ala.1999); Alfa Mut.

11
Jefferson County v. Thompsongreen
ala · 1999 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001Because the absence of the defendant's involvement in the business relationship is an element of the plaintiff's tortious-interference claim, we reject Cellulink's contention that BellSouth may not assert that argument on appeal. [5] "The denial of a defendant's motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiffs claim." Kmart Corp. v. Bassett, 769 So.2d 282, 284 (Ala.2000); Jefferson County v. *213 Thompson, 766 So.2d 138, 142 (Ala.1999); Alfa Mut.

11
Bama Budweiser v. Anheuser-Buschgreen
ala · 1992 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001Our review of the tortious-interference claim is guided in particular by Bama Budweiser of Montgomery, Inc. v. Anheuser-Busch, Inc., 611 So.2d 238, 247 (Ala. 1992).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Kershaw v. Kershaw green
ala · 2002
2 sentences

2018More recently, in Kershaw v. Kershaw , 848 So.2d 942 (Ala. 2002), a plaintiff sued a defendant alleging, among other things, tortious interference with an inheritance; the trial court dismissed the plaintiff's tortious-interference claim.

2018More recently, in Kershaw v. Kershaw , 848 So.2d 942 (Ala. 2002), a plaintiff sued a defendant alleging, among other things, tortious interference with an inheritance; the trial court dismissed the plaintiff's tortious-interference claim.

22018–2018
Hall v. Integon Life Ins. Co. green
ala · 1984
1 sentence

2006Co. , 454 So.2d 1338 , 1344 (Ala. 1984) (recognizing that wrongful or malicious interference with at-will employment contract may give rise to a tortious interference claim; "the fact that the employment is at the will of the employer and the employee does not make it one at the will of third parties").

12006–2006
Aspinwall v. Gowens green
ala · 1981
1 sentence

2003Because the tortious-interference claim, the promissory-fraud claims, and the fraudulent-suppression claim concerning the loss of annuity business were improperly submitted to the jury, we have in this appeal a "good count-bad count" situation analogous to that in Aspinwall v. Gowens , 405 So.2d 134 (Ala. 1981).

12003–2003

Where else courts name it

TX 170 (1988–2026) NY 76 (1978–2026) OH 41 (1994–2024) FL 41 (1981–2026) DE 36 (1995–2026) CT 34 (1994–2024) NC 31 (2001–2026) IL 30 (1984–2026) WA 27 (1982–2021) GA 27 (1986–2026) MI 21 (1998–2025) PA 20 (1984–2024) MO 18 (1996–2025) ME 18 (2000–2021) MA 18 (2000–2025) NJ 15 (1988–2025) MN 12 (1988–2026) VA 10 (1997–2026) UT 10 (2015–2026) AR 10 (1993–2025) IA 10 (1987–2026) CA 9 (2000–2024) OK 9 (2009–2019) SD 9 (1997–2025) AL 8 (2001–2023) IN 8 (2004–2024) DC 6 (2015–2022) NE 6 (2015–2026) WI 5 (1983–2025) VT 5 (1990–2025) WV 5 (1995–2022) MS 5 (1987–2023) NH 4 (1994–2016) RI 4 (2000–2007) ID 4 (2007–2024) KS 4 (1993–2024) MD 4 (1986–2016) OR 3 (2003–2022) KY 3 (2016–2021) HI 3 (2006–2013) NV 3 (2013–2020) LA 3 (1993–2011) CO 3 (2018–2026) NM 2 (2000–2002) MT 2 (2022–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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