civil conspiracy claim in Virginia

2017Consequently, "a common law claim of civil conspiracy generally requires proof that the underlying tort was committed." Almy v. Grisham , 273 Va. 68 , 80, 639 S.E.2d 182 , 188 (2007).

2017Consequently, "a common law claim of civil conspiracy generally requires proof that the underlying tort was committed." Almy v. Grisham , 273 Va. 68 , 80, 639 S.E.2d 182 , 188 (2007).

2017Instead, civil conspiracy is a mechanism for spreading liability among coconspirators for damages sustained "as a result of an [underlying] act that is itself wrongful or tortious." Dunlap v. Cottman Transmission Sys., LLC , 287 Va. 207 , 215, 754 S.E.2d 313 , 317 (2014) ; see Gelber v. Glock , 293 Va. 497 , 534, 800 S.E.2d 800 , 821 (2017) ("The object of a civil conspiracy claim is to spread liability to persons other than the primary tortfeasor.").

2017Instead, civil conspiracy is a mechanism for spreading liability among coconspirators for damages sustained "as a result of an [underlying] act that is itself wrongful or tortious." Dunlap v. Cottman Transmission Sys., LLC , 287 Va. 207 , 215, 754 S.E.2d 313 , 317 (2014) ; see Gelber v. Glock , 293 Va. 497 , 534, 800 S.E.2d 800 , 821 (2017) ("The object of a civil conspiracy claim is to spread liability to persons other than the primary tortfeasor.").

2014“However, the intra-corporate immunity doctrine, which has been adopted by the Virginia Supreme Court and the Fourth Circuit, deems multiple defendants a single entity for the purpose of analyzing a civil conspiracy claim if such defendants are employees or agents of the same entity and are acting within the scope of their employment/agency.” Fox v. Deese, 234 Va. 412, 428 , 362 S.E.2d 699, 708 (1987).

2014“However, the intra-corporate immunity doctrine, which has been adopted by the Virginia Supreme Court and the Fourth Circuit, deems multiple defendants a single entity for the purpose of analyzing a civil conspiracy claim if such defendants are employees or agents of the same entity and are acting within the scope of their employment/agency.” Fox v. Deese, 234 Va. 412, 428 , 362 S.E.2d 699, 708 (1987).

2014Co., 774 F.Supp. 156, 161 (S.D.N.Y. 1991) (noting that a plaintiff must plead "specific wrongful acts which constitute an independent tort" to establish the predicate unlawful act in a civil conspiracy claim); American Diversified Ins.

2011E.g., Meeko Corp. v. Chesterfield Commerce Ctr., 14 Va. Cir. 149, 152-53 (Chesterfield County 1988) (Gill, J.).

2002Commercial Business Sys., Inc. v. Halifax Corp., 233 Va. 292, 300 (1997) (court held that “without proof of the underlying toil, there can be no conspiracy to commit the tort”); see also Almy v. Grisham, 55 Va. Cir. 401, 404 (Albemarle County 2001) (plaintiff must allege sufficiently the underlying cause of action in order for a civil conspiracy claim to survive demurrer).

1995Prosser and Keaton also emphasize that the injury caused by the acts comprising the underlying wrong, not the mere combination of the actors in a conspiracy, is the heart of a civil conspiracy claim. “[S]ome act must be committed by one of the parties in pursuance of the agreement.” Prosser and Keaton on Torts, 5th ed., Joint Tortfeasors, § 46 “Concerted Action.” “The gist of the action is not the conspiracy charged but the tort working damage to the plaintiff.” Id. (quoting James v. Evans, 149 F. 136, 140 (3d Cir. 1906)).