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Houston Harbaugh Blog

Posts tagged "tortious interference with contractual relations; director; officer; personal participation; tort"

District Court Declines to Dismiss Tortious Interference Claim Asserted Against CEO in Personal Capacity

In Kearney v. JPC Equestrian, NO. 3:11-1419, 2013 U.S. Dist. LEXIS 142409 (M.D. Pa. Oct. 2, 2013), the U.S. District Court for the Middle District of Pennsylvania considered whether the plaintiff had properly stated a claim for tortious interference with contractual relations against the chief executive officer of a company with whom the plaintiff had entered into a contract. The plaintiff alleged that the CEO, acting in his individual capacity, had diverted sales away from him, thereby interfering with the sales agreement that he had with the company to sell and receive commissions on the company's products. Under these facts, the court allowed the tortious interference claim to be asserted against the CEO personally, despite the general rule that directors and officers are insulated from personal liability for action taken in their corporate capacities.