Civil Conspiracy

Two types of civil conspiracy claims are recognized. One of them is founded on common law. The other is created by statute.

Civil Conspiracy-Common Law

A common law claim must allege several different elements. The first element is a combination of two or more people. The second element is that the combination must be to accomplish something by some concerted action. The third element is that there must be a criminal or unlawful purpose or a lawful purpose to be achieved by criminal or unlawful means. The fourth element is resulting damage. As part of that fourth element, the damage must have been caused by the acts of the defendant in furthering the conspiracy.

The tortious actions of one conspirator will impute liability to another as long as it is shown that the concert of action led to damage to the plaintiff. Gelber v. Glock, 293 Va. 497 (2017) The underlying tortious conduct may be negligence, it may be negligence per se or it may be something else. Other cases that have dealt with this issue are La Bella Donna Skin Care v. Belle Femme Enterprises, LLC, 294 Va. 243 (2017); Almy v. Grisham, 273 Va. 68 (2007)

Aiding and Abetting

Civil conspiracy claims to some extent go hand-in-hand with claims for aiding and abetting a tortious action. In Bastable v. Muslu, 78 Va. Cir. 401 (2009), the court indicated that Virginia did not recognize such a claim. Other decisions however have recognized such claims. Sherry Wilson & Co. v. Generals Court, 2002 Va. Cir. LEXIS 479 and Wynder v. Laventure, 33 Va. Cir. 438 (1994) have recognized such a claim. See also Fortress Holdings v. Patty, 95 Va. Cir. 402 (2017)

Civil Conspiracy-Statutory

The Virgina Code section that allows for a civil conspiracy is found in Virginia Code § 18.2-499. The elements of that claim are first a combination of two or more persons. Secondly, it must be for the purpose of willfully or maliciously injuring someone in their reputation, trade, business or profession. Thirdly, there must be damage that results from that conduct. These claims must be proven by clear and convincing evidence.

First Element

The first element of both claims is the same. The common law claim only requires proof of a tacit understanding. The statutory claim requires that the plaintiff prove that someone combined, associated, agreed or mutually undertook or concerted together with someone else. The two or more persons requirement is fairly rigorous. The claims recognize an intracorporate immunity doctrine. What that doctrine says is that persons within a corporate entity acting within the scope of the employment only constitute one person. If however one person is acting outside the scope of the employment, then the two-person requirement may be satisfied. A person steps outside the scope of the employment in that instance if they are acting on some external independent and personal motive. A corporation cannot conspire with a wholly-owned subsidiary. Partners cannot conspire when they are acting within the scope of their partnership. In the context of a breach of contract, to have two or more conspirators, there must be a third party to the contract.

Civil Conspiracy-Common Law Claims

The common law claims also require some criminal or unlawful purpose or some lawful purpose by criminal or unlawful means. In other words, there must be some actionable claim for the underlying alleged wrong. For instance, employees forming a combination to breach their contractual, employment, fiduciary or other duties.

Second Element

The second element of the statutory claim requires only proof of legal malice. That means that the defendant acted intentionally, purposely and without lawful justification. It does not require actual malice. An element of this second claim of statutory conspiracy is there must be injury to the reputation, trade, business or profession. This does not apply to personal or employment interests.

Procedure

Also as part of the claim, under the statute there may be a claim for permanent injunction. Furthermore as part of pleading such a claim, it is necessary to set forth the factual details of the time and place of the conspiracy. In addition, the alleged effect of the conspiracy should be pled.

Limitations

For purposes of the statute of limitations, the cause of action arises when the plaintiff first suffers some injury. If the injury is personal injury, then there is a two (2) year statute. If the injury is for injury to property, then there is a five (5) year statute. Call or contact us for a free consult. Also for more info on civil conspiracy see the Wikipedia pages. Also see the page on this site dealing with contact issues.