Qwest Communications Co. v. Free Conferencing Corp., No. 17-2412 (8th Cir. 2018)Annotate this Case
FC appealed the district court's judgment in favor of Qwest, finding FC was liable for tortious interference with Qwest's contractual relationship with Tekstar. The Eighth Circuit held that the district court did not err in finding that FC caused Tekstar to breach its tariff with Qwest; the breach was material; FC's justification defense was rejected where the district court did not clearly err in finding that, prior to contracting with Tekstar, FC was on notice that it was not an end user and that Tekstar would violate its tariff by charging Qwest tariff rates for FC’s traffic; the district court's conclusion was not precluded by collateral estoppel; the district court did not clearly err in finding that the nearly $1 million Qwest paid to AT&T and other long-distance carriers to route FC's traffic flowed directly from FC's tortious interference; and there was no error in the district court's award of attorney's fees to Qwest.