· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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