The Alabama Supreme Court has revived an attorney’s tortious interference lawsuit, offering a significant development in the ongoing legal saga stemming from a social media post linked to the death of George Floyd. The plaintiff, Daniel Flickinger, initially faced dismissal in a lower court ruling against his claim, which centers on another lawyer, Lawrence Tracy King, whom Flickinger alleges is responsible for his resignation from his former position.
In its recent decision, the Alabama Supreme Court overturned the lower court’s summary judgment favoring King. Central to the high court’s decision is the assessment that factual disputes remain unresolved in the case, including the critical elements of causation for Flickinger’s claim and King’s defense of justification. Justice Chris McCool, writing for the court, outlined these considerations in the court’s opinion.
The trial court had previously determined that King’s communication of the Facebook post to their mutual supervisor fell outside the parameters of King’s professional responsibilities. The Alabama Supreme Court’s decision now opens the pathway for Flickinger to further pursue his claim in a lower court setting, examining whether disseminating the post materially contributed to Flickinger’s resignation.
Nevertheless, the Supreme Court did uphold part of the original ruling, affirming summary judgment in favor of King’s law firm, King Simmons Ford & Spree PC. This aspect may potentially limit the scope of liability to King as an individual rather than implicating the firm as a whole.
For those interested in a deeper dive into the legal intricacies, Bloomberg Law provides a comprehensive coverage of the case.