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Civil Conspiracy

Jun 1, 2021

S.C. Supreme Court reverses course on civil conspiracy claims 

  Overruling decades of precedent, the South Carolina Supreme Court has abolished the requirement of pleading special damages as an element of a civil conspiracy claim, finding that it resulted from a “misinterpretation of law.”  Leisel Paradis, a former teacher at James Island Charter High School in the Charleston County School District, filed a complaint […]

May 25, 2017

Tort/Negligence – Intentional Interference with Contract – Civil Conspiracy – Life Insurance – Domestic Relations – Divorce Decree

State Farm Life Insurance Co. v. Murphy (Lawyers Weekly No. 002-138-17, 13 pp.) (David Norton, J.) 2:15-cv-04793; D.S.C. Holding: Plaintiff brought this interpleader action because, in the aftermath of S.C. Code Ann. § 62-2-507, plaintiff was unable to determine the proper recipient of the $100,000 designated for defendant Murphy in her ex-husband’s life insurance policy. […]

Apr 12, 2016

Tort/Negligence – Civil Conspiracy – Labor & Employment – Public Employees – Police Officer

Saxton v. Irmo Police Department (Lawyers Weekly No. 002-069-16, 7 pp.) (Joseph Anderson Jr., J.) 3:15-cv-01244; D.S.C. Holding: As a public official, a police officer cannot normally bring a civil conspiracy claim against a member of the public arising out of that public official’s termination; furthermore, an at-will employee cannot maintain an action for civil […]

Feb 15, 2016

Tort/Negligence – Civil Conspiracy – Florida Law – Underlying Tort – Contract – Unjust Enrichment

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 […]

Mar 16, 2015

Labor & Employment — Termination – Tort/Negligence – Civil Conspiracy

Killian v. City of Abbeville (Lawyers Weekly No. 002-045-15, 9 pp.) (Timothy Cain, J.) 8:14-cv-01078; D.S.C. Holding: Where plaintiff’s civil conspiracy claim indicates that the individual defendants’ alleged misconduct resulted in his termination from at-will employment, his conspiracy claim must fail. Defendants’ motions to dismiss the conspiracy claim are granted. An at-will employee may [...]

Mar 26, 2014

Civil Rights – Civil Conspiracy – Race, Age & Disability Discrimination – Retaliation – Sovereign Immunity – School District

Grady v. Spartanburg Sch. Dist. Seven (Lawyers Weekly No. 002-073-14, 19 pp.) (G. Ross Anderson, Jr., J.) 7:13-cv-02020; D.S.C. Holding: The magistrate court properly determined that the plaintiff’s factual allegations sufficiently state a plausible claim of civil conspiracy against the individual defendants, and applied the proper sovereign immunity analysis in order to determine that the [&hel[...]

Jul 20, 2012

Tort/Negligence – Abuse of Process – Civil Conspiracy – Barratry – Ongoing Litigation – Appeals – Removal

Hickey v. Resolution Management Consultants, Inc. Since defendants’ abuse of process counterclaim alleges no acts other than plaintiffs’ – ultimately unsuccessful -- removal to federal court of four New Jersey state-court actions filed by defendants against plaintiff, defendants have failed to allege a willful act in the use of process not proper in the conduct of the proceeding.

Feb 3, 2012

Man claims officer had affair with his wife, then had him arrested

A Myrtle Beach man’s lawsuit against a Horry County police officer and state trooper is heavy on soap-opera drama and light on legal substance, a U.S. District Court judge in Florence has ruled. The plaintiff claimed that his wife was having an affair with the officer and that the two lovers conspired to have him arrested for drunken driving. His wife had told the officer that her husband wa[...]

Dec 23, 2010

Tort/Negligence – Civil Conspiracy – SCTCA – Labor & Employment – Public Employees – Prisons & Jails

Pridgen v. Ward. Plaintiff's evidence allowed a jury to conclude that defendants - a group of S.C. Department of Corrections (SCDC) employees - conspired and violated SCDOC policy in order to have plaintiff fired from his position with SCDOC. We affirm the . . .

Dec 9, 2010

Tort/Negligence – Conversion – Civil Conspiracy – Expert Witness – Actual Damages – Punitive Damages

Jenkins v. Few. The essence of a civil conspiracy claim is the damage resulting to the plaintiff. The damages alleged must go beyond the damages alleged in other causes of action. The evidence in this case supported the trial court's ruling that the plaintiff alleged . . .

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