Where a plaintiff has alleged tortious interference with his employment contract, that claim must be dismissed because any alleged interference did not induce a breach, which is required under applicable Texas law.
“… Because [plaintiff Justin] Willis was an at-will employee of Bioventus, his employment contract did not oblige Bioventus to continue his employment for any amount of time. Bioventus’s decision to terminate Willis did not result in a breach.
“In his opposition, Willis reframes his claim and argues that [defendant] Vericel interfered with his Bioventus contract by falsely claiming that he breached the confidentiality and noncompetition provisions of his contract with Vericel. That misunderstanding of the tort at issue is also unhelpful. To pursue his claim, Willis needed to establish there was a breach of his contract with Bioventus. Even if Willis alleged that Vericel improperly breached its employment contract with Willis that would have no bearing on whether it tortiously interfered with his contract with Bioventus.
“In summary, plaintiff’s tortious interference claim will be dismissed because he has failed to allege sufficiently that defendant induced a breach of his contract with Bioventus. …”
Willis v. Vericel Corp. (Lawyers Weekly No. 02-523-23) (9 pages) (Gorton, J.) (Civil Action No. 23-CV-10830-NMG) (Nov. 17, 2023).
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