In an August 3, 2011 decision by Justice Sherwood the court granted defendants summary judgment dismissing a tortious interference with a potential contract claim, the final cause of action remaining in the case. The litigation stemmed from a number of last minutes deals attempting to save a failing hedge fund. Plaintiffs alleged that comments made by defendants’ officers killed one of those deals. The court reviewed the elements of a tortious interference with potential contract relations claim, including the elements required when the claim is based upon an allegedly defamatory statement. The court found that the defendants demonstrated that a number of the elements of the claim were missing, including evidence that the statement was actually made and evidence of “but for” causation. The court further found that even if the statements were made, they were likely true and therefore not defamatory.
Amaranth LLC et al. v. J.P. Morgan Chase & Co. et al, Sup Ct, New York County, August 3, 2011, Sherwood, J, Index No. 603756/2007