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· 3/4/2004

KMS Restaurant Corp. v. Wendy's International, Inc.

Citations

  • 361 F.3d 1321
  • 2004 U.S. App. LEXIS 4213
  • 2004 WL 396472

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the chairman of a corporation and shareholder lacked standing to maintain an action in his own name to redress injuries to a corporation
  • holding that only a corporation, not a shareholder, has standing to maintain a suit for tortious interference against the corporation
  • holding that the chairman of a company could not personally assert a claim for tortious interference where the operative contract assigned him no legal rights of his own, rather his company was the proper plaintiff
  • stating that, in the qualified privilege to interfere context, “even where the defendant's motive is not purely malicious, a tortious interference claim may succeed if improper methods were used.”
  • “[A] party cannot argue an issue in its reply brief that was not preserved in its initial brief.” (quotation omitted)
  • individual lacked standing to bring tortious interference claim because he had no rights under the agreement

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmondson, Carnes, Mills

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.