civil conspiracy claim (Missouri) · Go Syfert
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civil conspiracy claim in Missouri

23 Missouri opinions name it 2 courts 1998–2025 5 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
Rice v. Hodappgreen
mo · 1996 · cited in 4 Missouri opinions naming this issue, 1999–2017
2 sentences

2017“In Missouri, if tortious acts alleged as elements of a civil conspiracy claim fail to state a cause of action, then the conspiracy claim fails as well.” Rice v. Hodapp, 919 S.W.2d 240, 245 (Mo. banc 1996).

2014However, the cause of action for breach of contract was not independently pled, and "[i]n Missouri, if tortious acts alleged as elements of a civil conspiracy claim fail to state a cause of action, then the conspiracy claim fails as well." Rice v. Hodapp, 919 S.W.2d 240, 245 (Mo. banc 1996); see also Thomas, 259 S.W.3d at 587 ("A case will be dismissed if the plaintiff failed to plead a cause of action for the underlying tort."); see, e.g., Wigley v. Capital Bank of Sw.

44
Western Blue Print Co. v. Robertsgreen
mo · 2012 · cited in 6 Missouri opinions naming this issue, 2013–2025
2 sentences

2025Since Beard and Leffingwell were the only two defendants in the civil conspiracy claim, and civil conspiracy requires at least two people, Western Blue Print Co., LLC v. Roberts, 367 S.W.3d 7, 22 (Mo. banc 2012), we assume, for the purposes of this opinion, that Appellant’s dismissal of Leffingwell mooted the civil conspiracy claim as to Beard. 2 Though a motion to dismiss and a motion for judgment on the pleadings are similar yet distinct motions, we treat them the same for the purposes of this opinion, as Appellant has not raised any claims on appeal with respect to the trial court’s failure

2023“Therefore, if the ‘tortious act[] alleged as [an] element[] of a civil conspiracy claim fail[s] . . . , then the conspiracy claim fails as well.’” Id. (quoting W.

36
Envirotech, Inc. v. Thomasgreen
moctapp · 2008 · cited in 3 Missouri opinions naming this issue, 2014–2014
2 sentences

2014"If the underlying wrongful act alleged as part of a civil conspiracy fails to state a cause of action, the civil conspiracy claim fails as well." Envirotech, Inc. v. Thomas, 259 S.W.3d 577, 586 (Mo. App. E.D. 2008).

2014However, the cause of action for breach of contract was not independently pled, and "[i]n Missouri, if tortious acts alleged as elements of a civil conspiracy claim fail to state a cause of action, then the conspiracy claim fails as well." Rice v. Hodapp, 919 S.W.2d 240, 245 (Mo. banc 1996); see also Thomas, 259 S.W.3d at 587 ("A case will be dismissed if the plaintiff failed to plead a cause of action for the underlying tort."); see, e.g., Wigley v. Capital Bank of Sw.

33
Oak Bluff Partners, Inc. v. Meyergreen
mo · 1999 · cited in 3 Missouri opinions naming this issue, 2012–2022
2 sentences

2022Id. (“In Missouri, if tortious acts alleged as elements of a civil conspiracy claim fail to state a cause of action, then the conspiracy claim fails as well.”).

2017Therefore, if the "tortious acts alleged as elements of a civil conspiracy claim fail to state a cause of action, then the conspiracy claim fails as well." Id. (quoting Oak Bluff Partners, Inc. v. Meyer , 3 S.W.3d 777 , 781 (Mo. banc 1999) ).

13
Gettings v. Farrgreen
moctapp · 2001 · cited in 2 Missouri opinions naming this issue, 2005–2008
2 sentences

2008Gettings, 41 S.W.3d at 542 .

2005Gettings v. Farr, 41 S.W.3d 539, 542 (Mo.App.

12
In Re Marriage of Buschgreen
moctapp · 2010 · cited in 1 Missouri opinions naming this issue, 2025–2025
1 sentence

2025See In re Marriage of Busch, 310 S.W.3d 253, 260 (Mo. App. E.D. 2010).

11
State Ex Rel. Diehl v. Kintzgreen
moctapp · 2005 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024Diehl v. Kintz, 162 S.W.3d 152, 156 (Mo. App. E.D. 2005) (“A civil conspiracy claim is not itself actionable in the absence of an underlying wrongful action or tort.”).

11
Hamilton v. Spencergreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 2015–2015
1 sentence

2015See Hamilton v. Spencer, 929 S.W.2d 762, 767 (Mo.App.W.D. 1996) (“Civil conspiracy is not itself actionable in the absence of an underlying wrongful act 'or tort”).

11
Wigley v. Capital Bank of Southwest Missourigreen
moctapp · 1994 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014Mo., 887 S.W.2d 715 , 722 n.5 (Mo. App. S.D. 1994) ("Conspiracy to breach was not a theory here claimed or submitted.

11
Lyn-Flex West, Inc. v. Dieckhausgreen
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012“The term unlawful, as it relates to civil conspiracy, is not limited to conduct that is criminally liable, but rather may include individuals associating for the purpose of causing or inducing a breach of contract or business expectancy.” Lyn-Flex West, Inc. v. Dieckhaus, 24 S.W.3d 693, 700-01 (Mo.App.

11
In Re Marriage of Spearsgreen
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012See In re Marriage of Spears, 995 S.W.2d 500, 503 (MoApp.

11
Dueker v. Gillgreen
moctapp · 2005 · cited in 1 Missouri opinions naming this issue, 2009–2009
1 sentence

2009Dueker v. Gill, 175 S.W.3d 662, 673 (Mo.App.2005). 5 Conclusion We are mindful of the relatively few cases indicating, generally in dissimilar situations, that duty may arise from foreseeable risk in the absence of privity or legal relationship.

11
Koehler v. Warren Skinner, Inc.green
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 2008–2008
1 sentence

2008Louis Bridge emphasizes that the plaintiff must prove the elements of a civil conspiracy claim "by clear and convincing evidence.” See, e.g., Koehler v. Warren Skinner, ' 804 S.W.2d 780, 782 (Mo.App.

11
Gibson v. Brewergreen
mo · 1997 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998Gibson v. Brewer, 952 S.W.2d 239, 245 (Mo. banc 1997).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Steve Hibbs v. Brian Berger green
moctapp · 2014
1 sentence

2024Id.

12024–2024
8000 Maryland, LLC v. Huntleigh Financial Services Inc. green
moctapp · 2009
1 sentence

2017Therefore, if the "tortious acts alleged as elements of a civil conspiracy claim fail to state a cause of action, then the conspiracy claim fails as well." Id. (quoting Oak Bluff Partners, Inc. v. Meyer , 3 S.W.3d 777 , 781 (Mo. banc 1999) ).

12017–2017
Duggan v. Pulitzer Publishing Co. green
moctapp · 1995
1 sentence

2005Duggan v. Pulitzer Publishing Co., 913 S.W.2d 807 , 811 n. 1 (Mo.App.

12005–2005

Where else courts name it

OH 100 (1996–2026) TX 77 (1994–2026) IL 32 (1989–2026) NC 31 (1995–2023) DE 28 (2006–2026) SC 24 (2005–2025) MO 23 (1998–2025) CA 19 (1980–2026) PA 18 (1987–2026) CO 18 (1989–2024) MI 15 (2014–2026) UT 13 (2003–2026) VA 11 (1988–2017) NM 11 (2000–2025) GA 10 (1995–2025) TN 9 (1998–2021) AL 9 (1999–2025) WI 8 (1983–2025) WV 8 (2016–2026) MA 7 (1997–2024) FL 7 (2006–2026) NY 7 (2002–2026) WA 6 (2001–2017) NV 6 (1999–2022) MS 5 (1994–2023) IA 5 (2002–2023) CT 4 (2002–2008) NJ 4 (1975–2025) DC 4 (1995–2013) OK 4 (1997–2004) IN 4 (2009–2025) WY 4 (2018–2024) AR 4 (2001–2019) RI 3 (2001–2010) ID 2 (2011–2017) KS 2 (2012–2023) KY 2 (2008–2021) NE 2 (2017–2020) VI 2 (2023–2023) MN 2 (2014–2016) SD 2 (2010–2014) MD 2 (2011–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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