Tortious interference in Pennsylvania

Elements

1. 1

   Protected relationship or expectancy

   A contract, or a business relationship with a reasonable probability of future economic benefit.

2. 2

   Knowledge

   The defendant knew about that relationship.

3. 3

   Intentional interference

   The defendant deliberately and unjustifiably caused a breach or a break-up of the relationship.

4. 4

   Damage

   The plaintiff lost the deal, the customer, or the economic benefit.

Burden of proof

Preponderance of the evidence. Some jurisdictions require a higher showing of malice or lack of justification.

A Pennsylvania fact pattern

A Pittsburgh medical-device sales book is raided after a former VP, still under a non-solicit, walks the top accounts to a rival. Pennsylvania follows the Restatement: existing or prospective contract, purpose to interfere, no privilege, damage.