EXPERIENCED INTELLECTUAL PROPERTY AND BUSINESS LITIGATION
Business attorney Thomas Howard frequently represents clients in matters involving claims of civil conspiracy.
In one recent example, attorney Thomas Howard represented plaintiff and cross-claim defendants through trial in a breach of contract matter involving counterclaims of conspiracy raised by the defendant, all of which were dismissed at trial. The defendant then raised the dismissal of the counterclaims involving conspiracy upon appeal. Mr. Howard was again retained to represent the counterclaim and cross-claim defendants. The Colorado Court of Appeals denied the appeal and upheld the decision of the trial court.
In order to set forth and establish a claim for civil conspiracy, the party filing the claim must show by a preponderance of the evidence that there exists (1) an object to be accomplished; (2) an agreement by two or more persons on a course of action to accomplish that object; (3) in furtherance of that course of action, the taking of one or more unlawful acts which were performed to accomplish a lawful or unlawful goal, or one or more lawful acts which were performed to accomplish an unlawful goal; and (4) damages to the plaintiff as a proximate result. Numerous defenses may be raised by the parties defending against such a claim, including the allegation that one or all of the four above requirements have not been shown.
If you have a Colorado commercial litigation matter involving a claim of civil conspiracy, please give us a call to discuss your case at (303) 665-9845, or e-mail us with a detailed description of your issue.