Civil Conspiracy in Litigation
When a party has claims against multiple defendants, it might be difficult to assert causes of action against each particular party. This is because the plaintiff may not know the acts that each specific party committed to cause their harm. However, civil conspiracy in litigation can be a powerful tool to connect the acts of several different parties together to hold each of them liable for the harm they committed against a plaintiff.
Not an Independent Cause of Action
It is first worth noting when contemplating civil conspiracy in litigation is that this theory of recovery is not an independent cause of action. As a result, a plaintiff cannot simply assert that there was a conspiracy to harm a party and expect to recover damages. Rather, there needs to be some underlying cause of action before connecting all of the parties to this claim. Some common underlying causes of action involve fraud, negligent misrepresentation, and other claims that typically require more than one party.
For instance, many separate people may conspire to sell property through misconduct, because builders, developers, brokers, and other parties are involved in the selling process. If a plaintiff can show that fraud was committed against them by one of the parties, they may be able to hold all of the parties accountable for that fraud. This is because there may be a common scheme between the parties to commit misconduct against a party in order to obtain an advantage.
Elements of Civil Conspiracy
Parties pleading civil conspiracy in litigation need to prove several elements. First, the plaintiff must prove an agreement between two or more parties. This can be proved through contracts or some other memorialization of an agreement if this evidence is available to a party. In addition, an agreement can also be proved through circumstantial evidence which shows that two or more parties agreed to work together to achieve an end. Next, parties must prove an overt act to further the agreement between parties to cooperate together. This is often an easier element to prove since parties can oftentimes describe the acts that parties took to further the ends of a conspiracy.
Next when proving a civil conspiracy in litigation, parties generally must prove intent to act in furtherance of the conspiracy. This can sometimes be difficult to prove because parties cannot get inside the minds of other parties to ascertain if parties intentionally participated in a conspiracy or were roped into a conspiracy through unintentional conduct. However, showing that parties would benefit from a conspiracy, or that they have proof that a conspiracy existed to pursue some objective can be enough to satisfy this element. The last requirement of a cause of action for civil conspiracy is damages or injury. Usually, this involves showing monetary damages, reputational harm, or other injuries that resulted from the conspiracy. Proving all of the elements of a civil conspiracy in litigation depends on the circumstances of a case, so it is important to speak with an experienced attorney who can prove the elements based on a client’s particular circumstances.
Pleading a Case
When pleading a civil conspiracy in litigation, it is important that plaintiff’s take several important steps. Firstly, it is important to thoroughly plead the underlying causes of action that will give rise to a claim for conspiracy. A claim for civil conspiracy often will not lie in many jurisdictions without underlying torts, so if these causes of action are not pled sufficiently, a civil conspiracy claim will fail. It is also important to plead each of the elements of a civil conspiracy with specificity. Parties should be specific with names, dates, and other circumstances surrounding their allegations so that defendants cannot assert that a civil conspiracy has not been sufficiently pled. It is also important to hedge your information when you are unsure of the facts. At the beginning of a lawsuit, it may be difficult to surmise how parties were engaged in a conspiracy and plaintiffs may need to make guesses about some of the elements of civil conspiracy. Parties are oftentimes allowed to make such guesses, but they usually need to state that the allegations are “upon information and belief” to signpost that claims are not based on direct knowledge.
Proving a Case
Parties hoping to prove a civil conspiracy in litigation may do so in a number of ways. Parties can demand that defendants produce contracts between themselves, which may prove that there was an agreement and coordinated action to cause a harm to a plaintiff. In addition, parties to litigation are oftentimes permitted to ask other parties questions under oath during depositions. At such proceedings, parties can uncover the relationship between defendants and tease out how all of the elements of civil conspiracy are satisfied. In addition, throughout the course of the proceedings, plaintiffs will have the chance to produce documents that show the extent of the damage they suffered due to a conspiracy and answer questions about how a conspiracy may have harmed them in a non-financial way.
The Rothman Law Firm is experienced with pleading civil conspiracy in a litigation on behalf of our clients in a variety of circumstances. If you are looking for an experienced New York and New Jersey commercial lawyer to handle your legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.