United States Second Circuit

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Conte v. Emmons , 17-869

Reversed the denial of a post-trial JMOL motion. In overturning a $1.3 million jury verdict, the appeals court held that a business owner failed to prove that two prosecutors and an investigator in the Nassau County District Attorney's Office tortiously interfered with his contracts in violation of New York law when they conducted a fraud investigation against a media company he owned but then did not ultimately file charges against him. The appeals court concluded that there was no evidence that anyone stopped performing under a specific contract because of anything said or done by the defendants.

Appellate Information

  • Decided
  • Published 2018/07/10


  • Walker


  • United States Second Circuit


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