Kramer Levin won an important decision dismissing an action for tortious interference with prospective business relations brought against our client Sirius Satellite Radio Inc. by Advanced Global Technology LLC. In her March 8 decision, Justice Karla Moskowitz of the Commercial Division of the New York State Supreme Court , New York County, held that AGT failed to plead facts showing that Sirius acted with “wrongful means, ” finding instead that the documentary evidence and allegations of the complaint revealed that Sirius acted out of economic self-interest. The court further found that repleading would be futile, and denied AGT leave to file a new complaint.
Michael Oberman argued the motion to dismiss. The other members of the team were Peter Abruzzese, Nick Coch and Michael Eisenkraft, with Angela Chan assisting.
The decision was reported on the front page of the New York Law Journal on March 15.