The tort of alienation of affection was first recognized in New York in 1866 and was eventually adopted by almost every jurisdiction in the United States. Missouri had recognized the tort as early as 1881 and continues to recognize it to this day. Most jurisdictions, however, have subsequently abolished the action either judicially or by statute. This Note will first present the facts and holding of the instant case, Thornburg v. Federal Express Corp. It will then provide the legal background by briefly discussing the history of the tort of alienation of affection, the related tort of criminal conversation in Missouri, the tort as applied to the employer-employee setting and the recent trend to abolish the common law action. Finally, the Note will argue that Missouri should follow the general trend and abolish the tort as well.
Bruce V. Nguyen,
Hey, That's My Wife - The Tort of Alienation of Affection in Missouri - Thornburg v. Federal Express Corp.,
68 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol68/iss1/15