Understanding Tortious Interference Claims in Florida

Business relationships are vital to a company’s long-term success. Whether these connections involve consumers, referrals, or even patients, any outside interference can disrupt operations and lead to significant financial damage. Florida law recognizes this risk and allows businesses to pursue claims when another party intentionally and unjustifiably interferes with those relationships.

Our Tampa commercial litigation attorneys at Bleakley Bavol Denman & Grace have experience representing businesses on both sides of tortious interference claims and can protect your legal position.

What Is a Tortious Interference Claim?

A tortious interference claim arises when a business claims that another party has intentionally disrupted an advantageous business relationship, causing economic harm. In Florida, you must demonstrate the following elements to file this type of claim:

• The existence of a business relationship
• The other party’s knowledge of that relationship
• Intentional and unjustified interference
• Financial harm resulting from that interference

Courts take these cases seriously, especially when the alleged interference affects crucial operations such as patient care.

Federal Judge: Pharmacy Chain Must Face Tortious Interference Claims

One recent federal case shows how courts assess these claims in the early stages of litigation. If you are a Florida business dealing with interference that is affecting your daily operations, this ruling provides helpful insight into what it takes to proceed with a lawsuit.

In BOF Medical Center, Inc. v. CVS Pharmacy, Inc., a Florida pain management clinic filed a lawsuit against CVS after the pharmacy chain stopped filling prescriptions from the clinic’s doctors. BOF claimed that this blocked patients from receiving their regular medications. According to BOF, this sudden change disrupted the clinic’s established doctor-patient relationships. The clinic filed a lawsuit in state court, alleging:

• Tortious interference with business relationships, and
• Defamation (a claim BOF later agreed to dismiss)

Upon learning about the case against it, CVS removed the case to federal court and sought to have it dismissed. According to CVS, BOF failed to prove the elements required to have a valid tortious interference claim. CVS argued that BOF’s lawsuit fell short since it did not identify specific patients and failed to show that CVS’s decision was unjustified. CVS primarily relied on the “privilege of interference” affirmative defense to show its conduct was justified.

The court disagreed with CVS. It clarified that Florida’s businesses are not obligated to name every affected customer or patient (in this matter) at the pleading stage. BOF’s allegations that CVS interfered with ongoing doctor-patient relationships were strong enough to survive dismissal, especially since the relationships were repeated, established interactions. On the issue of whether CVS’s conduct was justified, the court ruled that such matters should be addressed later, when parties can present evidence. Justification is an affirmative defense, and it cannot be used to defeat a lawsuit before discovery starts.

Ultimately, the court concluded that BOF had provided sufficient information to proceed with its tortious interference claim. The court allowed the case to move forward.

For Florida businesses, this case is a reminder that:

• You may not be required to name all customers or clients when filing a tortious interference lawsuit
• Affirmative defenses, such as justification, cannot defeat a claim early without evidence

Contact a Tampa Commercial Litigation Attorney

If your business has experienced interference with customers, clients, or other important business relationships, our experienced Tampa Commercial Litigation Attorneys at Bleakley Bavol Denman & Grace are here to help. Contact us today to schedule a consultation and discuss your case.

Source:

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