SEMO Services, Inc. v. BNSF Railway Company (2022)

Citation: SEMO Services, Inc. v. BNSF Railway Company (2022)
Parent Document: SEMO Services, Inc. v. BNSF Railway Company (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-12-13
Original Source: https://www.courtlistener.com/opinion/10630559/semo-services-inc-v-bnsf-railw... ↗

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To prevail in a tortious interference with business expectancy cause of action, the
Plaintiff has the burden of proving the following elements: 1) an existing contract or a valid
business expectancy; 2) defendant knew of the contract or business expectancy; 3) defendant
intentionally interfered with the relationship or expectancy by creating a breach; 4) defendant
lacked justification and 5) the conduct damaged Plaintiff. All Star Awards & Ad Specialties, Inc.
y. Halo Branded Solutions, Inc., 642 S.W.3d 281, 293 n.15 (Mo. bane 2022) (citing Cmty. Title
Co. v. Roosevelt Fed. Sav. & Loan Ass’n, 796 S.W.2d 369, 372 (Mo. banc 1990)); O’Conner v.
Shelman, 769 S.W.2d 458, 461 (Mo. App. W.D. 1989). A tortious interference claim does not
require a finding that the defendant induced the breach by fraud, deceit or coercion. All Star
Awards, 642 §.W.3d at 291. The absence of justification is an essential element within the

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