Written Assignment 3: Torts Analysis

This written assignment is an issue-spotting exercise and related torts analysis of a hypothetical fact pattern. For this assignment, you will need to identify potential causes of action and discuss the likelihood of success for those potential causes of action based on your understanding of tort law and the hypothetical facts provided below.

Hypothetical Fact Pattern

Tom Cuban was a sports agent with Show Me The Money Sports Agency who had signed a contract agreeing not to compete with Show Me The Money for two years after the termination of his employment with Show Me The Money. According to the terms of his covenant not to compete with Show Me The Money, Cuban agreed to not work for a competing sports agency, to not solicit any clients of Show Me The Money, and to not share any knowledge of proprietary information of Show Me The Money.

Torshus Sports Agency is a sports agency that competes with Show Me The Money for clients in several professional sports. Despite knowing about Cubans contract with Show Me The Money, Torshus convinced Cuban to quit his job at Show Me The Money and immediately join Torshus. Once Cuban joined Torshus, he quickly moved to sign many of his former clients, who were not contractually precluded from terminating their agency relationships with Show Me The Money at any time.

Cuban has been very successful at signing his former clients at Show Me The Money with the same standard sales pitch. First, he tells potential clients a story about why he decided to leave his former agency. For example, the following statements are a customary part of his story: Bob Mack [Cubans former partner at Show Me The Money] is the most unethical agent in the business. Bob is known to accept kickbacks from teams and sponsors at the expense of his clients. Plus he is an alcoholic who frequently engages in extramarital affairs with clients and their spouses. I just cant be associated with a person like Bob.

Deliverable and Evaluation Criteria

Please identify potential causes of action against Tom Cuban and Torshus Sports Agency and discuss the likelihood of success for those potential causes of action based on your understanding of tort law and the hypothetical facts provided above. For each potential cause of action, please provide a brief analysis (of approximately one paragraph per cause of action) that (1) identifies the potential cause of action (e.g., defamation), (2) states the law with respect to that cause of action (i.e., the required elements of the cause of action), and (3) provides factual support for your conclusion regarding the likelihood of success (certain, likely, questionable, unlikely, doubtful, certainly not, etc.) for that cause of action.

Example Paragraph Dr. Cookies potential cause of action for defamation against Kim K

Dr. Cookie is unlikely to win a defamation lawsuit against Kim K for calling his cookie diet unhealthy. To prevail in a lawsuit alleging defamation, a plaintiff must prove that the defendant published a false statement of fact that has a tendency to harm the reputation of the plaintiff. Here, Kim Ks statement that Dr. Cookies diet is unhealthy is an opinion rather than a statement of fact, and opinions are protected from liability for defamation. In other words, Dr. Cookie is not likely to be able to prove that his cookie diet is indeed healthy as opposed to unhealthy. Instead, whether the cookie diet is healthy or unhealthy is more likely a matter of opinion. Therefore, Dr. Cookie is unlikely to win a defamation lawsuit against Kim K for calling his diet unhealthy.

My main question is that according to the hypothetical fact provided above, I came out with only three potential causes of action which are defamation, intellectual property, and appreciation of identity. What other tort law can be used herein the first, second, third, and fourth.

Some paragraphs will be great but I'll be more than happy if you could help me with identifying other potential causes of action as well as likely to sucess or not based on each paragraph they provided.

Thanks in advance.