A COURSE CORRECTION FOR ANALYZING CLAIMS OF TORTIOUS INTERFERENCE WITH AT-WILL CONTRACTS: ABANDONING A LINE OF ILLINOIS DECISIONS FOUNDED ON A MISTAKE

An Article by Joe Jeffery

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Illinois recognizes two types of torts to remedy an actor’s interference with a party’s business relationships: tortious interference with contract and tortious interference with prospective economic advantage.[1] Whether interference with an at-will contract is more appropriately remedied under the interference-with-contract tort or the interference-with-prospective-economic-advantage tort is a distinction with a significant difference. Determining which tort applies may be critical to the outcome of a dispute because the two torts provide different levels of protection against a third party’s interference.[2] Contractual relationships enjoy greater protection from interference than relationships based on the mere possibility of future economic advantage.[3]


[1] See Fellhauer v. City of Geneva, 568 N.E.2d 870, 877–78 (Ill. 1991); see also Speakers of Sport, Inc. v. ProServ, Inc., 178 F.3d 862, 865 (7th Cir. 1999) (“[I]nducing the termination of a contract, even when the termination … Read the rest

Third-Party Litigation Finance: Leveling The Playing Field or Overstepping Ethical Boundaries?

By: Alexander Karl

A teacher of mine once described capitalism as taking piles of money and making them grow. While this is a somewhat elementary definition, the idea is on the right track. The American economy proudly boasts of its capitalist background. We paint a picture (though some say it’s wrongly painted) in which an immigrant with no money to his name can strike it rich with a little sweat and elbow grease. Capitalism and its general principles resonate with many Americans to this day as they are finding new unique ways to watch their piles of money grow. As many Americans have figured out, there is no better way to grow your money than investments. When pondering the investments prevalent within today’s society a few come to mind such as stocks, bonds, real estate, and gold. However, capitalists are always on the cutting edge of new investment trends and … Read the rest

The Ride-Sharing Economy: Keeping Liability in the Rearview

By: Keith St. Aubin

             In large cities the world over, passengers have stopped reaching into the air to hail a cab and have begun reaching into their pockets for their smartphones.  Companies such as Uber, Lyft and Sidecar represent a cross-section of the transportation sector of a rapidly growing marketplace: the so-called “sharing economy.”[1]  The sharing economy delivers products, places, rides and various other perks to consumers through the use of modern technology.  Dog owners can turn to DogVacay rather than finding a kennel for Fido.[2]  The elderly can now hire someone to clean their gutters using TaskRabbit instead of dealing with the snotty kid next-door.[3]  Loan seekers can avoid the bank by booting up their PC and heading over to Lending Club.[4]  The sharing economy exploded on the scene across various sectors seemingly overnight.  Almost twenty years after Ebay began, the peer-to-peer model has expanded Read the rest