How To Prove A Florida Civil Conspiracy Claim

 

 

In Florida, a claim of Civil Conspiracy is defined as:

A civil conspiracy or collusion is a combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is Innocent in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not In itself unlawful; or to do any act with intent to prevent the course of justice; or to effect a legal purpose with a corrupt intent, or by improper means.

It simply means:

When two or more people come together to plan something illegal, or to use illegal means to effect something that would ordinarily be legal.

There are 4 elements of the claim:

• Element 1. There was an agreement (conspiracy) between two or more parties. A civil conspiracy occurs when two or more people or groups secretly plan together to do something illegal or harmful, agreeing on their actions to achieve a common goal.
  

  Facts that might support this element look like:

  * The parties communicated regularly through emails and meetings to discuss their mutual interests in the business venture.
  * Evidence shows that the parties coordinated their actions to undermine a competitor’s market position.
  * Witnesses testified that the parties explicitly agreed to share confidential information for their mutual benefit.
  * Financial records indicate that the parties made joint investments in a project designed to limit competition.
  * The parties created a shared plan outlining their roles and responsibilities in executing their scheme.

• Element 2. The agreement was to commit and unlawful act or a lawful act by unlawful means. In a civil conspiracy claim, this means that two or more people agreed to either do something illegal or to do something legal in a way that breaks the law, working together to achieve their goal.
  

  Facts that might support this element look like:

  * The parties involved in the agreement explicitly discussed their intention to defraud a third party by misrepresenting the nature of their business dealings.
  * Evidence shows that the defendants coordinated efforts to manipulate market prices through false advertising and deceptive practices.
  * The agreement included a plan to illegally access confidential information from a competitor to gain an unfair advantage.
  * Witnesses testified that the conspirators met regularly to strategize on how to execute their unlawful scheme without detection.
  * Financial records indicate that the defendants funneled money through shell companies to obscure the illegal nature of their transactions.

• Element 3. There was an open act in pursuance or furtherance of the conspiracy. An open act in a civil conspiracy means that at least one person involved took a clear action to advance the group’s illegal plan, showing that the conspiracy is not just a secret agreement but involves actual steps toward achieving their goal.
  

  Facts that might support this element look like:

  * The defendants met regularly to discuss their plans and strategies for executing the conspiracy.
  * On multiple occasions, the defendants exchanged emails detailing their roles and responsibilities in the conspiracy.
  * The defendants coordinated their actions by sharing resources and information to further their common goal.
  * Witnesses observed the defendants engaging in activities that directly advanced the objectives of the conspiracy.
  * The defendants executed a series of transactions that were clearly intended to benefit the conspiracy’s aims.

• Element 4. The plaintiff suffered damages as a result of those acts. The plaintiff experienced harm, such as financial loss or emotional distress, because of the wrongful actions taken by the defendants working together in a conspiracy.
  

  Facts that might support this element look like:

  * The plaintiff incurred significant medical expenses due to injuries sustained as a direct result of the defendants’ actions.
  * The plaintiff lost wages amounting to $15,000 while recovering from the injuries caused by the defendants’ conspiracy.
  * The plaintiff experienced emotional distress, leading to therapy costs that totaled over $5,000.
  * The plaintiff’s property was damaged during the incident, resulting in repair costs exceeding $10,000.
  * The plaintiff faced reputational harm, leading to lost business opportunities and a decrease in income.

^{(See Walters v. Blankenship, 931 So. 2d 137 (Fla. Court of Appeals 2006). West v. Caterpillar Tractor Company, Inc., 336 So. 2d 80 (Fla. Supreme Court 1976).)}
If you’re in court without a lawyer and plan to assert a Claim of Civil Conspiracy, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.

Prove Your FL Civil Conspiracy Claim

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