Business Torts and Unfair Competition Handbook

by ABA Publishing

• ISBN13: 9781590316535
• ISBN10: 1590316533
• Edition: 2nd
• Format: Paperback
• Copyright: 2007-01-31
• Publisher: Amer Bar Assn

Summary

This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.

Table of Contents

The evolving role of business torts in antitrust litigation	p. 1
Application of antitrust principles to business tort claims	p. 13
Federal law of unfair competition	p. 47
Commercial disparagement and defamation	p. 85
The interference torts	p. 105
Fraud and misrepresentation	p. 151
Misappropriation of trade secrets	p. 183
Limitations on punitive damages	p. 199
Subject matter jurisdiction in antitrust and business tort litigation	p. 237
Personal jurisdiction, process, and venue in antitrust and business tort litigation	p. 261
Forum selection in antitrust and business tort litigation	p. 297
Removal and remand	p. 315
Issues relating to parallel litigation	p. 335
Preemption and commerce clause issues	p. 369
Table of Contents provided by Blackwell. All Rights Reserved.