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Torts Keyed to Prosser
Adler, Barish, Daniels, Levin and Creskoff v. Epstein
Facts
The Plaintiff is a law firm. The Defendants were salaried associates of the Plaintiff. The Defendants decided to leave the Plaintiff’s employ and start their own firm. The Defendants met personally with clients whose cases they worked on while in the Plaintiff’s employ. The Defendants told the clients they were leaving the firm and invited them to break their contracts with the Plaintiff and have the Defendants be their attorneys instead. The Defendants also sent a mass mailer out to all the Plaintiff’s current clients that the Defendants had worked for. The mailer included a form to fill out that would break their contract with the Plaintiff and a retention agreement for Defendants’ new firm. The Defendants also took out a $150,000 line of credit at a bank. As security, they listed the value of the work they were doing for the clients as attorneys in Plaintiff’s employ at $500,000. The Plaintiff sued for an injunction, preventing the Defendants from contacting the clients and soliciting them to hire the Defendants’ new firm. The trial court granted the injunction. The Court of Appeals reversed. The Plaintiff appealed to the Supreme Court of Pennsylvania.
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