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Tort/Negligence – Civil Conspiracy – Florida Law – Underlying Tort – Contract – Unjust Enrichment
By: Teresa Bruno, Opinions Editor//February 15, 2016
Tort/Negligence – Civil Conspiracy – Florida Law – Underlying Tort – Contract – Unjust Enrichment
By: Teresa Bruno, Opinions Editor//February 15, 2016
Gentry Technology of S.C., Inc. v. Baptist Health South Florida, Inc. (Lawyers Weekly No. 002-033-16, 12 pp.) (J. Michelle Childs, J.) 1:14-cv-02127; D.S.C.
Holding: Plaintiff has failed to cite to case law suggesting that its only other remaining claim – unjust enrichment – is an actionable underlying tort, as required to make out a claim for civil conspiracy under Florida law. Because there is neither evidence of a viable underlying tort against defendant nor evidence of its power of coercion by numbers or economic influence, plaintiff’s civil conspiracy claim fails as a matter of law.
The court grants defendant’s motion for summary judgment.
Since the parties had an express contract covering the same subject matter as plaintiff’s unjust enrichment claim, an unjust enrichment claim is unavailable.
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