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This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.
This is the first book to comprehensively integrate business torts (also known as economic torts) and unfair competition actions. The book covers all of the major tort causes of action that one might see in a commercial litigation practice, including the economic loss rule, fraud, negligent misrepresentation, tortious interference with contract and prospective contract, breach of fiduciary duty, insurance torts, breach of the duty of good faith, deceptive marketing, commercial disparagement, misappropriation, trade secrets, trademark infringement, antitrust, and civil RICO. The book also covers important state, federal, and model provisions, including the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Restatement of the Law of Liability Insurance, the Lanham Act, the Uniform Trade Secrets Act, and the Defend Trade Secrets Act. The authors have included numerous questions and problems to further students' thinking on more complex topics.
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for andquot;strict responsibility misrepresentation.andquot; Another state recognizes claims of andquot;prima facie tortandquot; for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences. The new 2016 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients.
Business Torts: A Fifty State Guide, 2022 Edition provides the most recent statutory and case law developments on business torts laws for each of the fifty states and the District of Columbia. Practitioner-oriented, and written by leading state experts, each chapter summarizes the variants and developments particular to a specific state jurisdiction. You will find detailed coverage of each state's standards regarding: misappropriation of trade secrets; tortious interference with contracts; fraud and misrepresentation; trade libel and commercial disparagement; breach of fiduciary duty; officers and directors liability; conversion; unfair competition, fraudulent transfer; economic loss; and statutes of limitation. The 2022 Edition incorporates recent changes in the law of the various states, including: The South Carolina Supreme Court held that plaintiffs are no longer required to plead special damages for civil conspiracy claims. The Maine Legislature passed a new law restricting an Employer's use of non-compete agreements and subjecting violations of this new law to a $5,000 fine. The Iowa Supreme Court refused to recognize that a pastor owes a fiduciary duty to a plaintiff, as the Court would have to refer to church doctrines and practices in making that assessment, which the Court held was beyond their authority. The 6th Circuit Court of Appeals held that the Uniform Voidable Transactions Act, as adopted in part by Michigan, allows a creditor to void a fraudulent disposal of property belonging to a person who is liable on a claim. State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Business Torts: A Fifty State Guide, 2021 Edition provides the most recent statutory and case law developments on business torts laws for each of the fifty states and the District of Columbia. Practitioner-oriented, and written by leading state experts, each chapter summarizes the variants and developments particular to a specific state jurisdiction. You will find detailed coverage of each state's standards regarding: misappropriation of trade secrets; tortious interference with contracts; fraud and misrepresentation; trade libel and commercial disparagement; breach of fiduciary duty; officers and directors liability; conversion; unfair competition, fraudulent transfer; economic loss; and statutes of limitation. The 2021 Edition incorporates recent changes in the law of the various states, including: The Nebraska Supreme Court has recognized the tort of trade libel and commercial disparagement in a long-awaited landmark case. The Missouri legislator amended the Missouri's Merchandising Practices Act to require a consumer bringing a claim under that act to establish that they acted as a reasonable consumer would in light of all circumstances and that the business practice alleged to be unlawful would cause a reasonable person to enter into the transaction that resulted in damages. The Florida Ninth Judicial Circuit has reopened its "Business Court", a division of the Court which handles exclusively business matters. The Business Court was closed in 2017 due to budget constraints. The Hawaii Supreme Court held that a plaintiff may claim equitable tolling for fraudulent concealment. State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Note: Online subscriptions are for three-month periods. Previous Edtion: Business Torts: A Fifty State Guide, 2020 Edition, ISBN 9781543806908
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2020 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for "strict responsibility misrepresentation." Another state recognizes claims of "prima facie tort" for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences. Previous Edtion: Business Torts: A Fifty State Guide, 2019 Edition, ISBN 9781454899600