texas cause of action.doc

8/10/2019 Texas Cause of Action.doc

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1. Extortion

a. Appear to be the same as Duress.

b. Texas did not recognize civil cause of action for extortion.256 F.upp.2d6!" .D.Tex.#2$$%.

c. &et the 'ourts o( Appeals and the upreme 'ourt in Texas have not directl)ruled that there is no such tort. *n (act numerous cases in the Dallas 'ourt o(

Appeals list 'ivil Extortion as a cause o( action. +one o( these cases center on

the 'ivil Extortion claim and none s,uarel) address it# instead the) a((irm ordismiss on other grounds.

2. Economic Duress-'oercion

a. A threat or action as ta/en ithout legal 0usti(ication

b. The threat or action as o( such a character as to destro) the other part)s (ree

agenc)

c. The threat or action overcame the opposing part)s (ree ill and caused it to dothat hich it ould not otherise have done and as not legall) bound to do

d. The restraint as imminent and

e. The opposing part) had no present means o( protection.

i. Fischer v. 3ichard 4ill 'o.# 25% ..2d 15

Tex.'iv.App.7an Antonio#152

A claim o( duress b) business compulsion can not be based upondoing or threatening to do that hich a part) has legal right to do.

ii. Pease then filed three more suits. He filed this suit against the firm,

Stevens, and Lipscomb, alleging wrongful foreclosure, conversion,duress, slander, fraud, and bad faith.

iii. He asserted causes of action for breach of fiduciary duty, fraudulent

conveyances and/or unust relief, conspiracy to defraud, intentional

infliction of emotion distress and mental anguish, defamation of

character, coercion, duress,undue influence, and slander

%. Tortious inter(erence ith business relationships

a. There as a reasonable probabilit) o( entering a business relationship or

contract

b. The de(endant acted maliciousl) b) intentionall) preventing the relationship

(rom occurring ith the purpose o( harming the plainti((

c. The de(endant as not privileged or 0usti(ied and

d. Actual harm or damage occurred as a result

i. !al"#art Stores, $nc., v. Sturges,52 ..%d !11 8Tex.2$$19. upreme

'ourt case that la)s out the rules (or these ver) similar torts.

:. Tortious inter(erence ith business opportunities


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d. @ne or more unla(ul# overt acts and

e. Damages as the proximate result.

i. #assey v. +rmco Steel o.,652 ..2d %2# %: 8Tex.1"%9#ichael

v. -y(e,:1 ..%d !:6# !5% 8Tex.App.7'orpus 'hristi 2$$1# no pet.9.

1$. ;obbs Act violation7 This is probabl) a (ederal criminal cause o( action andappears to re,uire the actual loss o( propert) and there(ore is unli/el) to be usable

in this situation but ma) bear (urther investigation.

11. 3*'@7Federal cause o( action# but can be brought in state court. There is ,uite a

bit to this cause o( action. * did not spend the time going into it in detail but i( eare going to (ile an suit and ta/e a de(ault this ma) be the big mone) ma/er.

a. A person ho engages in

b. A pattern o( rac/eteering activit)

c. 'onnected to the ac,uisition# establishment# conduct# or control o( an

enterprisei. A pattern o( rac/eteering activit) under civil 3ac/eteer *n(luenced and

'orrupt @rganizations Act 83*'@9 re,uires at least to acts o(

rac/eteering activit).

12. >ibel-lander

a. ublished a statement

b. That as de(amator) regarding plainti((

c. hile acting ith either actual malice# i( plainti(( as a public o((icial orpublic (igure# or negligence# i( plainti(( as a private individual# regarding

truth o( statement.1%. Business disparagement

a. The de(endant published disparaging ords about the plainti((Cs economic

interests

b. The ords ere (alse

c. The de(endant published the ords ith malice

d. The de(endant published the ords ithout a privilege and

e. The publication caused special damages.

1:. sur) 8subtitle B97this one re,uires some tisting# but ma) be one o( our best )et as itdoesnCt re,uire the plainti(( to actuall) pa) an)thing.

a. The defendant loaned money to the plaintiff;

b. The plaintiff had an absolute obligation to repay the principal; and

c. The defendant contracted for, charged, or received interest thatexceeded the maximum amount allowed by law.


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15. Unfair competition

a. "Unfair competition" is not, in and of itself, a separate tort. Rather, it is an"umbrella for all statutory and nonstatutory causesof actionarising out of

business conduct which is contrary to honest practice in industrial or

commercial matters." United States Sporting Prods., Inc. v. Johnny Stewart

Game Calls, Inc.,865 S.W.d !, !# $%e&.'pp.(Waco !))*, writ denied+$uotingAmerican Heritage Lie Ins. Co. v. Heritage Lie Ins. Co.,) -.d *,

! $5th ir.!)#++. Within the broad scope of "unfair competition," as a

general area of the law, %e&as recogni/es a number of independent causesofaction. Id.! see, e.g., "al#$art Stores, Inc. v. St%rges, 5 S.W.*d #!!

$%e&.00!+ $interference with prospecti1e business relations+2 &rowning 'erris,

Inc. v. (eyna,865 S.W.d )5, )6 $%e&.!))*+ $tortious interference with an

e&isting contract+2 H%rl)%t v. G%l Atl. Lie Ins. Co.,#) S.W.d #6, #66

$%e&.!)8#+ $business disparagement);All Am. &%ilders, Inc. v. All Am.Siding o *allas, Inc.,))! S.W.d 8, 88 $%e&.'pp.(-ort Worth !))), no

pet.+ $trade name infringement+2 United States Sporting Prods.,865 S.W.d at

!# $misappropriation+. 'nd the %e&as 3egislature has created pri1ate causes

of actionto redress harm caused by some types of unfair competition. See,

e.g.,%e&. 4us. om.ode 'nn. !5.! $7ernon 00+ $pro1iding pri1ate

causeof actionfor person whose business or property is inured by unlawfulrestraint(of(trade, monopoli/ation, or price(fi&ing+2 %e&. 9ns.ode 'nn. art.

!.! !6 $7ernon Supp.00+ $pro1iding pri1ate causeof actionfor person

damaged by unfair method of competition or unfair or decepti1e act or

practice in the business of insurance+. :owe1er, Reliable e&pressly disa1owsreliance on any of these common law or statutory causesof action2 rather, it

contends it has alleged the "generic tort of wrongful competition" it argues

was "recogni/ed" in 'eatherstone v. Indep. Serv. Station Ass+n o e-as,!0

S.W.d ! $%e&.i1.'pp.(;allas !)8, no writ+.

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