Conte v. Emmons

895 F.3d 168 (2018)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Conte v. Emmons

United States Court of Appeals for the Second Circuit
895 F.3d 168 (2018)

KD
Play video

Facts

Anthony Conte (plaintiff) owned I Media, a company that produced and distributed a magazine. Route distributors paid Conte upfront for the exclusive rights to distribute magazines in defined areas. When certain route distributors paid but did not receive any magazines to distribute, the distributors contacted the Nassau County District Attorney’s Office with their concerns. Prosecutors Robert Emmons and William Wallace and investigator Michael Falzarno (collectively, investigators) (defendants) looked into the complaints. Conte was not charged. When I Media subsequently failed, Conte sued the investigators for, among other things, tortious interference with contracts between I Media and its route distributors, printers, and advertisers. Conte proceeded pro se. At trial, Conte adduced evidence that Falzarno disliked Conte. On one occasion, Falzarno had shaken Conte’s hand in an aggressive manner while serving a subpoena. Falzarno also told one of Conte’s route distributors that Conte was a scam artist. Conte adduced evidence that Wallace contacted some of Conte’s counterparties and told them that Conte was under investigation for fraud. Conte adduced no evidence that the investigators had a personal interest in the subject contracts’ breaches. The investigators moved for judgment as a matter of law at the close of the evidence. The district court denied that motion. The district court properly instructed the jury on the elements of Conte’s tortious-interference claim. The jury found in Conte’s favor. The investigators renewed their motion for judgment as a matter of law. The district court denied that motion and entered judgment on the jury’s verdict. The investigators appealed to the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Walker, J.)

Dissent (Pooler, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership