News & Analysis as of

Civil Conspiracy

White & Case LLP

2018 Half-year in review: M&A legal and market developments

by White & Case LLP on

We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2018 and their impact on M&A transactions. This review looks at these...more

Jones Day

Novel Suit by Kentucky Pension Beneficiaries Continues

by Jones Day on

A Kentucky court decided in favor of the beneficiaries of Kentucky's Public Retirement System by striking down a motion to dismiss their suit, which alleges that administrators and their advisors breached their fiduciary...more

Holland & Knight LLP

Craft Brewer Failed Attempt to Use Trade Secret Laws to Close the Door on Glassdoor Reviews

by Holland & Knight LLP on

The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to...more

Dentons

Creative attempts to sue banks fail to overcome the high threshold for claims in conspiracy

by Dentons on

Claims in conspiracy are notoriously difficult to plead. Whilst that has not deterred claimant law firms in their attempts to bring such claims against major financial institutions, the courts continue to demonstrate that...more

Downey Brand LLP

Fore! California Court Drives Away Claim that Trustee’s Attorney Breached Trust

by Downey Brand LLP on

When attorneys advise errant trustees, how vulnerable are they to breach of trust claims by injured beneficiaries? A case published last week by the California Court of Appeal provides a defensive roadmap to attorneys who are...more

Seyfarth Shaw LLP

Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more

Hogan Lovells

“Come one, come all”: the Court of Appeal opens the floodgates and expands the scope of the jurisdictional gateways

by Hogan Lovells on

Eurasia v Aguad [2018] EWCA Civ 1742 - The Court of Appeal (“CoA“) has held that two of the “general grounds” jurisdictional gateways (as opposed to those gateways which operate only in relation to a specific type of...more

Seyfarth Shaw LLP

The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to...

by Seyfarth Shaw LLP on

The Texas Court of Appeals, Third District, issued an opinion in Tejas Vending, LP, et al. v. Tejas Promotions, LLC further delineating the applicability of Texas’s anti-SLAPP statute, the Texas Citizens Participation Act...more

Carlton Fields

New York’s First Department Upholds Fraud Claim Involving Alleged Sham Reinsurance Scheme

by Carlton Fields on

In an action alleging claims for fraud and conspiracy to commit fraud (among others), a New York appellate court upheld the trial court’s conclusion that the “defendants are subject to jurisdiction under New York’s long-arm...more

LeClairRyan

Robo-Team Complaint Dismissed For Lack of Personal Jurisdiction

by LeClairRyan on

Last November, I blogged about Robo-Team NA, Inc. v. Endeavor Robotics, where Robo-Team alleged that a competitor (Endeavor) spread a false rumor that the Chinese government controlled Robo-Team, and used it to steal military...more

Goulston & Storrs PC

Real Litigation - Maroney, et al. v. Fiorentini, et al.

by Goulston & Storrs PC on

In Maroney, et al. v. Fiorentini, et al., U.S. Dist. Ct., No. 1:16-cv-11575-DLC (D. Mass. Dec., 2017), Magistrate Judge Cabell in the United States District Court of Massachusetts partially denied a motion brought by...more

Reminger Co., LPA

Court Finds That E&O Policy Dishonesty Exclusion Negates Coverage Where Underlying Tortious Claims Were Also Found to be the...

by Reminger Co., LPA on

In this case, the Certified Steel Stud Association (“CSSA”), a trade association, was accused of participating in a civil conspiracy along with several of its corporate members to commit the tortious acts of violating the...more

Akin Gump - Excubitor

Using a Statutory Conspiracy Claim to Protect Reputational Interests

by Akin Gump - Excubitor on

Parties weighing their legal options in protecting their reputations rightly should think beyond the routine defamation/libel/slander claims and look more broadly to state statutes or torts that may fit more neatly with their...more

Dechert LLP

Stage Set for Second-Ever Criminal Spoofing Trial

by Dechert LLP on

A judge in the District of Connecticut paved the way last month for what the U.S. Department of Justice (DOJ) has described as “the second spoofing case that will go to trial in the country.” By denying the defendant’s motion...more

Pepper Hamilton LLP

Can a Nonsignatory to an Arbitration Agreement Compel Arbitration by Estoppel? North Carolina Court of Appeals Says Yes — But Not...

by Pepper Hamilton LLP on

Smith Jamison Constr. v. Apac-Atlantic, Inc., 2018 N.C. App. LEXIS 132 (N.C. Ct. App. Feb. 6, 2018) - General contractor APAC-Atlantic (“APAC”) hired Smith Jamison Construction (“Jamison”) as a subcontractor to perform...more

Winstead PC

Court Affirmed Judgment Against Trust Settlor Who Raised Fraud And Other Related Claims Against An Insurance Agent

by Winstead PC on

In Jessen v. Duvall, an investor who established trusts to purchase life insurance policies sued an insurance agent for tort claims, including fraud, conspiracy, and aiding and abetting breach of fiduciary duty based on the...more

Carlton Fields

Reinsurer Prevails In Dismissing Breach Of Contract, Bad Faith Claims Asserted By Underlying Policyholder

by Carlton Fields on

A federal district court in Pennsylvania recently dismissed all claims asserted by an insured against a reinsurer in a coverage dispute over an explosion at plaintiff Three Rivers Hydroponics (“Three Rivers”)’s commercial...more

Seyfarth Shaw LLP

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

by Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Dechert LLP

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

by Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

McDermott Will & Emery

Mississippi Court Dismisses Multiple Claims in Distributor Termination Case

by McDermott Will & Emery on

On December 15, 2017, a Mississippi trial court issued a series of orders dismissing a substantial number of the claims brought in Rex Distributing Company v. Anheuser-Busch et al., 2nd Cir. Court No. 24C11:17-cv-00033...more

Fox Rothschild LLP

The Intra-Corporate Conspiracy Doctrine In Florida

by Fox Rothschild LLP on

A conspiracy requires the combination of two or more persons. To state a claim for civil conspiracy, a plaintiff must show:- 1.An agreement between two or more parties... ...more

Mintz - Intellectual Property Viewpoints

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more

Seyfarth Shaw LLP

Wisconsin High Court Affirms High Summary Judgment Bar to Trade Secret Misappropriation Claims

by Seyfarth Shaw LLP on

A recent decision from the Supreme Court of Wisconsin affirmed a trial court’s grant of summary judgment in favor of a defendant accused of conspiring to misappropriate its competitor’s trade secrets. By a 4-3 decision in...more

Mintz - Intellectual Property Viewpoints

Amgen Sues Coherus Under BPCIA After Completing Patent Dance

On May 10, 2017, Amgen filed a complaint in the District of Delaware asserting that, under section 35 U.S.C. § 271(e)(2)(C)(i) of the Biologics Price Competition and Innovation Act (“BPCIA”), Coherus infringed Amgen’s U.S....more

Seyfarth Shaw LLP

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

by Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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