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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SEMO accepts the burden to establish BNSF’s conduct when communicating with RJC
was without justification. A defendant’s conduct is without justification when the defendant uses
“improper means” to further his interests and to the plaintiff's detriment. Nazeri, 860 S.W.2d at
317. In fact, “only a showing of improper means satisfies the burden of establishing a lack of
justification in a tortious interference with expectancies case.” Clinch v. Heartland Health, 187
S.W.3d 10, 17 (Mo. App. W.D. 2006) (citing Cmty. Title Co., 796 S.W.2d at 372). Thus, the
issue is whether BNSF interfered with SEMO’s business relationship with RJC by using
improper means to advance its own interests at SEMO’s expense. We find the undisputed facts
show it did-not.

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