Employer's expression of opinion is no basis for claim alleging "tortious interference"
David Kocenda sued the City of Troy and a number of individuals for "tortious interference with a business or contractual relationship." His attorneys apparently confused the latter two claims, but the Court of Appeals still addressed the underlying issue, after his claim was dismissed by the lower court. Kocenda argued that he lost a job in Florida because he was defamed by City officials when they were contacted as references. The Court of Appeals held that his case was properly dismissed because the statements attributed to Troy officials were matters of opinion and not actionable, either under this theory or as defamation. Further, the Court held that Kocenda had not documented that the City's opinions were the basis for losing the Florida job offer, nor had he documented his claims of malice.