(Download) "Cooper Tire & Rubber Co. v. Farese" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Cooper Tire & Rubber Co. v. Farese
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 23, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
For this diversity action to which Mississippi law applies, Cooper Tire & Rubber Co. contests the summary judgment awarded John Booth Farese, Bruce Kaster, and their law firms against Cooper Tires claims for tortious interference with contract and business relations and for civil conspiracy. Cooper Tire alleges: Cathy Barnett, upon ending her employment at Cooper Tire, signed a separation agreement that contained a non-disparagement clause; nevertheless, she executed an affidavit, prepared with Farese, containing false and disparaging statements about Cooper Tire; despite knowledge of the separation agreement, Farese provided Barnetts affidavit to another attorney, who provided it to Kaster, for use in pending litigation in Arkansas against Cooper Tire; despite knowledge of the separation agreement, Kaster leaked the affidavit to the media; as a result, Cooper Tire sustained extremely substantial losses to its stock value; and Kaster paid Farese $50,000 after the Arkansas litigation was settled. The district court erred in holding that, as a matter of law, the separation agreement is void for illegality and unconscionability; in addition, material fact issues preclude summary judgment. VACATED and REMANDED.
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