Except here, Kiffin induced a breach of contract
In that case, at least in CA, wrongful conduct is not an independent element of the tort -- as would be the case, for example, on a claim of interference with prospective economic advantage (where no breach is induced).
There still would be an affirmative defense that the conduct falls within the competition privilege, but USC and Kiffin would bear the burden of proof on this. And Kiffin's decision not to tell Fisher until after the fact could harm such a defense, at least in a jury's eyes.
Complete thread:
- way to get your employer sued, Kiffin -
Pat,
2010-07-26, 14:48
- PDF of the lawsuit -
MattyCinNYC,
2010-07-26, 18:52
- See para. 15 -
Greg,
2010-07-27, 08:56
- Smart move to put that in there. - Kevin, 2010-07-27, 10:53
- Titans coaches get free car service 24/7/365 -
San Pedro,
2010-07-27, 07:37
- That is a league-wide program for all players/coaches.
-
MattyCinNYC,
2010-07-27, 09:18
- That is a league-wide program for all players/coaches.
- I don't know how they are going to beat this claim: -
Pat (Moco),
2010-07-26, 21:07
- Tortious interference is a tough one. -
Kevin,
2010-07-27, 05:47
- Wasn't it filed in TN?
-
domer.mq,
2010-07-27, 06:30
- TN, like most, is another that requires malice, etc. -
Kevin,
2010-07-27, 07:22
- Except here, Kiffin induced a breach of contract -
Sherman Oaks,
2010-07-27, 08:14
- DiNardo v. Vandy might offer some insight - MattyCinNYC, 2010-07-27, 09:19
- Except here, Kiffin induced a breach of contract -
Sherman Oaks,
2010-07-27, 08:14
- TN, like most, is another that requires malice, etc. -
Kevin,
2010-07-27, 07:22
- Wasn't it filed in TN?
- That's straight out of my BLaw class soph year. -
domer.mq,
2010-07-26, 21:13
- In legal jargon that's what we call -
Sherman Oaks,
2010-07-26, 22:45
- Posterized is a legal term?
-
Chris,
2010-07-27, 05:47
- Great move by the posteree there... - domer.mq, 2010-07-27, 07:07
- Posterized is a legal term?
- In legal jargon that's what we call -
Sherman Oaks,
2010-07-26, 22:45
- Tortious interference is a tough one. -
Kevin,
2010-07-27, 05:47
- See para. 15 -
Greg,
2010-07-27, 08:56
- Has Pola's contract been signed? - Greg, 2010-07-26, 15:34
- Kiffin said everything was ok now with Fisher - MadisonDomer, 2010-07-26, 15:16
- Quite a start for Mr. Kiffin.
-
Jim (fisherj08),
2010-07-26, 15:03
- I'm interested to see... - MattyCinNYC, 2010-07-26, 15:15
- PDF of the lawsuit -
MattyCinNYC,
2010-07-26, 18:52