PHILADELPHIA — An agent is suing Mobile Outfitters LLC and Eric Griffin, mobile phones distributors, citing alleged tortious interference with a contract.
Moncef Borni filed a complaint on Sept. 18 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants, alleging that they breached the covenant of good faith and fair dealing.
According to the complaint, the plaintiff alleges that on May 7, 2010, he entered into a commission agreement with defendants' predecessor, Clear Coat LLC, wherein he solicited consumers to purchase exclusive territory distribution agreement for the sale of its products and services in exchange for a 10 percent commission of any sales and 40 percent of any license agreement fees.
Beginning in April 2015 and despite the fact that the contract was in full force and effect, he was paid only 5 percent sales commission. The plaintiff holds Mobile Outfitters LLC and Eric Griffin responsible because the defendants allegedly unilaterally reduced the rate of the sales commission from 10 percent to 5 percent beginning in April 2015 and, from June 2018 through the present, the defendant refused to provide any commission payments.
The plaintiff requests a trial by jury and seeks an order requiring defendant to compensate him at the rate of pay under the contract, and award for punitive damages, interest, costs and such other just and proper relief. He is represented by Sidney Gold of Sidney L. Gold & Associates PC in Philadelphia.
The U.S. District Court for the Eastern District of Pennsylvania Case No. is 2:18-cv-04029-RK.