Legal Issues in Jerry Maguire Film Facts: Jerry Maguire has a moral epiphany and is fired by his co-worker Bob Sugar from SMI for expressing his opinions. Upon returning to the office Jerry tries to retain his clients, but is beat to the punch by Bob Sugar, who takes all of his clients including Kathy Sanders and John Swenson. Jerry loses all seventy-two of his clients but one, Rod Tidwell. Issue 1: Could the defendant (Bob Sugar) be charged with breach of contract and unfair competition for soliciting the plaintiffs (Jerry Maguire) clients? Rule: Jerry Maguire claims that Bob Sugar intentionally interfered with the contract between him and SMI. To establish this claim, Jerry Maguire must prove all of the following: That the elements which a plaintiff must plead to state the cause of action for intentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant’s knowledge of this contract (3) defendant’s intentional acts designed to induce a breach of disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage. Citing Bauer vs. Interpublic Group of Companies, Inc., 255 F. Supp. 2d 1086 (N.D. Cal. 2003) Additionally, in a similar case, Steinberg Moorad & Dunn Inc vs. Dunn and Athletes First 136 Fed. Appx. 6; 2005 U.S. App. LEXIS 5162, Leigh Steinberg sued his former co-worker David Dunn, alleging that Dunn breached a
Joy Salmon was seeking damages for George Brown who she cared for while as a nurse and his estate. Joy Salmon hired Virgina Atkinson as her lawyer in this case. Joy Salmon entered a contingency contract with her lawyer Virgina Atkinson. This contract stated if Joy Salmons case for Geroge Brown's damages did not end in her favor she was not obligated to pay attorney fees to Virgina Atkinson however if the case was in favor of Joy Salmon she was required to Virginia Atkinson for her services. Attorney Virgina Atkinson billed Joy Salmon approximately $7200 for her services and Joy Salmon refused to pay the bill for Virginia Atkinson's services as an attorney. Virgina Atkinson was billing Joy Salmon $150 a hour for approximately forty eight hours of service to the case. Virginia Atkinson filed a lawsuit against Joy
Only parties to the contract or economic relationship have standing to bring a tortious interference claim; third-parties who are
2. Facts: Plaintiff Irene George (P) is filing suit against Defendant Jordan Marsh Co. (D) for mental anguish and emotional distress which resulted in two heart attacks. D sold goods on credit to P’s emancipated son, who purchased them on P’s account. D alleged that P stated in writing that she would pay the debts (which she did not incur), even though it is understood that P did not make this guarantee. D then attempted to intimidate P into paying these debts she did not owe by calling her at late hours, by mailing her bills, by sending her letters stating late charges were being added on and that her credit had been revoked, and by numerous other tactics. P suffered great
36. Principle of Law: The transaction between Browne and Houlihan was just under negotiation process and not form the contract. Browne did not acknowledge Houlihan’s e-mail and did not reply to accept Houlihan’s request, so he sold the television set to another. Houlihan then purchased a new set more expensive than Browne’s set. Both of them didn’t break the contract because there’s no contract between them. Therefore Houlihan had no legal basis to sue Browne for $1,000.
7. Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked Dun & Bradstreet for a credit report and obtained a very favorable report on Brown. He thereupon sold Brown some expensive gems and billed Brown & Co. ‘‘Brown’’ turned out to be a clever jewel thief, who later sold the gems to Brown & Co. for valuable consideration. Brown & Co. was unaware of ‘‘Brown’s’’ transaction with Smith. Can Smith successfully sue Brown & Co. for either the return of the gems or the price as billed to Brown & Co.?
The action is an intentional tort. This means doing a civil wrong and validating a legal duty to another party.
In the Jacob & Youngs, Incorporated vs. George E. Kent case, Jacob & Youngs, the plaintiff, claims that there was a breach of a clause in the contract with the defendant, George E. Kent. The clause stated that any work that is either defective or not in accordance with specifications will be
This review will address several issues associated with the legal, business, and ethics related to the case. First, it will describe the legality of the case by reviewing the
FindLaw Inc. (November 1, 1999). Business Torts: Misrepresentation, Interference and Unfair Competition. Retrieved from http://www.inc.com/articles/1999/11/15387.html
Young argued that the firm had a conflict of interest when it continued to represent other employees of Young’s employer, and when their settlement included a rule barring the firm from suing the employer in the future. Young believed that the firm had waited to pursue her case until its other case was settled. The jury determined that Becker & Poliakoff knew that the case had been dismissed, but withheld that information from Young so they could settle the other case and secure the $2.9 million fee and cost reimbursement in that case. The jury returned a verdict for Young of $394,000 in compensatory damages as a result of Becker & Poliakoff’s breach of fiduciary duty. The total compensatory damages consisted of $144,000 in past lost wages and $250,000 in damages for
Greene’s Jewelry Wholesale LLC owners, Ms. Mary Jane and Mr. Allen Greene employed Ms. Jennifer Lawson as a junior executive secretary for three years. During her time of employment, she encountered proprietary information which was covered under a confidentiality agreement she signed. Upon termination Ms. Lawson provided said information to a direct competitor of Greene’s Jewelry Wholesale LLC violating this agreement. The plaintiffs, Ms. Mary Jane and Mr. Allen Greene are suing the defendant Ms. Jennifer Lawson for potential profit loss to their business and violation of the confidentiality agreement. The defendant is counter suing for wrongful termination from Greene’s Jewelry Wholesale LLC. stating her termination was issued due to her
to have to use that money for emergencies that came up throughout their life together. Carl is eventually able to purchase the tickets they need to go on their trip. Carl refused to sell his home to allow for further development near him. The message that appears to send is, for Carl, the house is worth less to him financially than the memories it holds, and he will keep the house no matter how much money he is offered. Carl also appears to not really care about the development happening all around his home and environment. As long has he had his home, he was content.
4.What are some potential legal implications in the case? What should the utility do to rectify any wrongs in this situation?
The rule that courts will imply a term that was overlooked when the contract was being made, as it was so obvious
G. Indemnification of Attorney Fees and out-of-pocket costs. Should any party materially breach this agreement (including representations and warranties made to the other side), the non-breaching party shall be indemnified by the breaching party for its reasonable attorney fees and out-of-pocket costs which in any way relate to, or were precipitated by, the breach of this contract (including the breach of representations or warranties). This provision shall not limit in any way the