ICON’s attorney, Courtney L. Fernald of Englander and Fischer LLP, contended that ICON, being the deal’s subject, couldn’t be considered a “stranger to the contract” and thus couldn’t have tortiously interfered. Judge Wilson appeared skeptical, asking for case law supporting that view, which Fernald struggled to provide.
U.S. Circuit Judges Edith Brown Clement, Kurt D. Engelhardt, and Cory T. Wilson presided over the panel. Representatives and counsel for Ancor, Landon, and ICON did not immediately respond to requests for comment.
- Ancor is represented by Jeffrey Travis, Jared Inman, Marshall Smiland, and Katelynn Hickey of Travis & Inman PC.
- Landon is represented by Travis Gamble, David Kent, and D. Alexander Harrell of Faegre Drinker Biddle & Reath.
- ICON is represented by Courtney Fernald of Englander Fischer LLP, and John Frick of Reid Dennis & Frick PC.
The case is Ancor Holdings v. Landon Capital Partners et al., case number 23-10552, in the U.S. Court of Appeals for the Fifth Circuit.
