Legal Resource Center

What is Civil Conspiracy?

 

Civil conspiracy is a tort that occurs when two or more persons conspire to do an unlawful act and injury is caused to another from the commission of that act. A conspiracy is two or more persons agreeing to a plan to cause a particular result to occur. Conspiracy is not a cause of action alone, but it is a theory that imposes liability on defendants who share with the other conspirators a common plan or design in its commission. By participation in a civil conspiracy, a co-conspirator adopts, as his or her own the actions of other co-conspirators. In this way, a co-conspirator is liable with the other conspirators.

 

The Elements of a Civil ConspiracyWhat is Civil Conspiracy?

The following five elements are generally required to prove the tort of civil conspiracy:

• There are two or more persons involved.
• The defendants have an unlawful objective.
• The defendants come to an agreement on the objective or means to achieve the objective.
• The defendants commit one or more overt acts in furtherance of the conspiracy.
• The defendants’ actions result in causing an injury or damages to the plaintiff.

 

What are the Damages for Civil Conspiracy?

An action for damages can be brought by a plaintiff for the injury caused by the acts committed in the furtherance of a conspiracy. Liability for damages will arise if a court finds that defendants intentionally committed some harmful act in furtherance of the conspiracy that caused injury. Each conspirator is jointly and severally liable for each act done by other conspirators, even if a particular member of the conspiracy did not take any acts that lead to the injury. A defendant is liable for all foreseeable injuries to the plaintiff, including punitive damages if the act is malicious or cruel enough.

 

Internet Civil Conspiracy Attorneys

The laws regarding the tort of civil conspiracy vary from state to state. Several states do not even recognize civil conspiracy as a separate tort, even if conspiracy exists as a crime under a state’s criminal laws. In the context of Internet defamation, the tort of civil conspiracy can become particularly relevant in situations where multiple parties are at fault, but only one defendant actually committed acts planned or encouraged by others.

If you believe that you or your business is a victim of a civil conspiracy involving the internet, contact the experienced internet attorneys at Meyers Roman Friedberg & Lewis, LPA to evaluate your case. Call (216) 831-0042 today to find out more information.

How to Identify (and Remove) Fake Online Business Reviews

Are Fake Online Reviews Hurting your Business? Find out what you can do about it.   What to do if your Business is being Attacked by Fake Reviews The Internet has become an essential part of our lives. Almost everything we do is connected to the Internet in...
Read More

When Free Speech Clash with Rules of Conduct

Imagine you're at a sporting game with your children. It's a great way to spend time with the family. You have good seats and your team is even winning. It's looking to be a great day. Then, the guy in front of you takes off his shirt to reveal his highly offensive...
Read More

Attorney Aaron Minc interview on Cleveland News 5

Ohio failed to pass Bill 353 to join 38 other states and Washington DC to criminalize Revenge Porn.  Mona Kosar from Cleveland 5 news interviews Aaron Minc about this and the latest Revenge Porn making headlines between Rob Kardashian and his former fiancee Blac...
Read More

What Is Tortious Interference?

Tortious interference is one of those legal terms that sounds a lot more complicated than it is. Bryan A. Garner, the author of the Dictionary of Modern Legal Usage, once explained the concept to the legendary New York Times wordsmith William Safire.  "Say you had a...
Read More

Revenge Porn: How to Fight Back [50 State Interactive Map]

Of all the posts I’ve written in my years of running this blog, few have gotten more traffic and response than an article I wrote three years ago on revenge porn. It focused on the malicious revenge porn site, MyEx.com, which posts intimate, personal and sometimes...
Read More