Tortious interference question

[lizjimbo]

What is the name of your state? Virginia

A long agonizing wait is over. I need one more answer.

A neighboring commercial tenant falsely accused us of causing problems for his business. He business failed. His business failure was not a result of the claimed problems he said we were creating. Landlord sued my business for unlawful detainer, wanted us out, because of false claims by neighbor. We went to court with landlord and we won. Landlord had no case. Landlord even used complaining neighboring tenant as witness. Landlord is appealling to circuit court. This has already cost over $3,000.00 and it will add up. We are going to persue a tortious interference claim against "out of business tenant". The concern is this; he obviously had a priviledge under the terms of the lease to make complaints to the landlord. My question is this; does that priviledge extend to making false statements about a neighboring tenant in order to secure a favorable release from a personally guaranteed lease.

 

[Rexlan]

Of course not: however, how do you intend to prove your case (neighbors intent) against the neighbor?
A difficult task for sure and one you are very unlikely to prevail at unless you’re a mind reader. You probably can not recover the litigation cost as damages either unless the Court has ruled that the Plaintiff acted in bad faith.

In your tortuous interference claim how do you plan to prove your business damages? The attorney fees won’t cut it. So you have lost XXX dollars in business relationships as a direct result of the neighbor tenants complaints???? Probably no case there either and VERY difficult, if not impossible, to prove. You will need to prove your damages, not just speculate.

If you’re sure you have a “slam dunk” (to borrow a phrase) don’t reply to the appeal and just let it ride. There is no requirement to have an attorney or to file a response.

 

[seniorjudge]

http://www.ictlex.net/index.php/2004/08/25/usdc-for-the-eastern-district-of-virginia-case-n-104cv507lmbtcb-order/

GEICO's lawyers couldn't figure out how to plead tortious interference; can you?

By the way, since you are double-posting, no once is going to go back and read all your other posts on this subject.

 

[Rexlan]

What is the name of your state? Virginia

A long agonizing wait is over. I need one more answer.

A neighboring commercial tenant falsely accused us of causing problems for his business. He business failed. His business failure was not a result of the claimed problems he said we were creating. Landlord sued my business for unlawful detainer, wanted us out, because of false claims by neighbor. We went to court with landlord and we won. Landlord had no case. Landlord even used complaining neighboring tenant as witness. Landlord is appealling to circuit court. This has already cost over $3,000.00 and it will add up. We are going to persue a tortious interference claim against "out of business tenant". The concern is this; he obviously had a priviledge under the terms of the lease to make complaints to the landlord. My question is this; does that priviledge extend to making false statements about a neighboring tenant in order to secure a favorable release from a personally guaranteed lease.

Seems you have several threads on this subject .... shame on you.

Take your lawyers advice and go away happy that it only cost you $3K. You don't have a case.

Our lawyer says that a cause of action against the former neighboring tennant for libel, that is he wrote the false letter about odors that has thus far cost over 3 thousand dollars, would be a waste of time to try to recover.