152406P.pdf   09/15/2016  Qwest Communications Corp.  v.  Free Conferencing Corp.
   U.S. Court of Appeals Case No:  15-2406
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Bright, Author, with Murphy and Shepherd, Circuit Judges] 
   Civil case - Telecommunications. The district court did not err in finding 
   for defendant on Qwest's claim for intentional interference with a 
   business relationship between Qwest and a local exchange carrier (LEC) 
   because defendant did not act with an improper purpose or motive when it 
   contracted with the LEC, and it had a legitimate argument that their 
   arrangement was consistent with the FCC regulatory scheme and applicable 
   law; nor did the court err in finding for defendant on Qwest's claim for 
   the tort of unfair competition as the Court predicts the South Dakota 
   Supreme Court would not recognize a tort of unfair competition under these 
   circumstances; the district court erred in rejecting Qwest's claim for 
   unjust enrichment as the contract between defendant the LEC was not legal 
   at the time it was formed and defendant benefited from the LEC's tariff 
   violation; the district court also erred in focusing on the amount Qwest 
   had recovered from the LEC rather than the amount defendant received; 
   remanded for further proceedings as to whether the defendant was unjustly 
   enriched. Judge Murphy, concurring in part and dissenting in part.