Recent Decisions Clarify Scope of Third-Party Retaliation Doctrine

, New York Law Journal


Jack Kiley and Shira Forman of Sheppard Mullin Richter & Hampton write: As the case law regarding third-party retaliation continues to develop, it remains to be seen how far courts will stretch the zone of interests outlined by the Supreme Court in 'Thompson'. One thing is already clear: The need for fact-based decision-making regarding the interrelatedness of the parties means that a genuine issue of material fact will almost always exist in third-party retaliation cases, making summary judgment in these cases particularly elusive.

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