Several weeks before then-President George W. Bush defeated presidential candidate John Kerry, CBS News correspondent Dan Rather narrated a “60 Minutes” piece assailing President Bush’s service in the Texas Air National Guard. According to Mr. Rather, subsequent to Mr. Bush’s re-election in November 2004, CBS reduced his role and visibility at the network. After the loss of his highly prized seat as anchor of the nationally broadcast “Evening News” program, followed by an acrimonious severance from CBS, Mr. Rather filed suit, with claims sounding in breach of contract and related torts.
The Appellate Division, First Department’s complete dismissal of Mr. Rather’s claims against CBS confirmed an important point for counsel litigating tortious interference claims: claims of malice must be articulated with particularity because generic, bare allegations of malice will not suffice to circumvent an economic interest defense to a tortious interference claim.
Economic Interest Rule
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