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Reason
Reason
Politics
Eugene Volokh

Can't Sue In-Laws for "Undermining" Marriage and Thus Tortiously Inducing Breach of Marriage Contract

So holds the Ohio Court of Appeals in S.E. v. Edelstein, in an opinion by Judge Stephen Powell, joined by Judges Michael Powell and Matthew Byrne. An excerpt from the factual allegations, in the lawsuit brought by ex-wife Kimberly (also representing her and ex-husband Elliott's daughter) against ex-father-in-law Max:

In the complaint, it was alleged that Max had intentionally interfered with the ketubah, the supposed [Jewish marriage] "contract" at issue in this case, by engaging in a continuous "campaign to undermine" Kimberly and Eliott's contractual relationship (i.e., their marriage) for nearly 20 years. The complaint alleged that this included Max being "emotionally abusive" towards Kimberly, as well as Max making "negative and derogatory statements" about Kimberly. This, according to the complaint, included Max criticizing Kimberly's "status as a convert to Judaism" and by frequently stating that Kimberly's and Eliott's children "were not Jewish." The complaint also alleged that Max, "with the intent to destroy the contractual relationship between" Kimberly and Eliott, routinely disparaged Kimberly to "persuade" Eliott to "terminate his contractual relationship with [her]."

The court concluded that, given the Ohio Legislature's abolition of the alienation of affections tort, "neither Max, nor any other person, could be held liable in civil damages to either Kimberly or S.E. for any breach of a promise to marry or alienation of affection," which is what the allegations amounted to.

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