Gruss, The reason why I suggested you talk to an attorney is so he or she can educate you on the basics of what constitutes tortious interference.
Let's say you and I have an agreement that I will pay you to paint a series of slogans I provide you with on a billboard space that you own, one new slogan each week, and you begin to do so and I begin to pay you your weekly fee. Things are going along smoothly for both of us. One day I get a Cease & Desist letter from the attorney of the man who claims to have written those slogans, in which he threatens me with legal action if I don't comply. That third party is *not* interfering with the agreement between you and I; he is demanding that I stop taking an action that he claims is damaging him. Whether he is right or wrong on his claim, he is not interfering with our agreement. The fact that our agreement might be affected by the outcome of some legal action taken against me by that third party doesn't mean that it was *interfered* with by that third party in the legal sense. Even if that third party gets a temporary restraining order preventing you from performing your services until judgment has been rendered by the court on the matter at hand, that is not interference. Things can change if the third party becomes overly litigious, but that's generally the way things work, IIRC. If, however, that third party persuaded you to not honor the terms of our agreement, that might be considered tortious interference. People are free to take legal action when they believe they have cause, and the law generally protects them from reproach as long as they act reasonably and in good faith. Respectfully, Adam Phillip Churvis President Productivity Enhancement -----Original Message----- From: Gruss Gott [mailto:[EMAIL PROTECTED] Sent: Thursday, December 20, 2007 8:09 PM To: CF-Community Subject: Re: Someone is trying to sue me > Adam wrote: > The party making the claim is not in any way interfering with anything. > I'm not agreeing with you mostly because you offer no reasoning other than "talk to an attorney" which, in the end, still wouldn't matter because it's not important what some random attorney thinks; it's important what Baylor's attorneys think a judge MIGHT think and/or how much work they believe it would be to have a judge who agreed with you tell Bruce that. I think the top thing all attorneys will on is that in America I can sue anyone for anything. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;160198600;22374440;w Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:248795 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5
