How To Prove A Texas Civil Conspiracy Claim
In Texas, 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 affect something that would ordinarily be legal.
There are 5 elements of the claim:
- Element 1. Two or more persons conspired to do a wrongful act. Two or more people secretly planned together to commit an illegal or harmful act against someone, which is a key part of proving a civil conspiracy claim in court.
Facts that might support this element look like:
* The defendants communicated through emails discussing their plan to undermine the plaintiff’s business reputation.
* Witnesses observed the defendants meeting regularly to strategize their actions against the plaintiff.
* The defendants coordinated their efforts to spread false information about the plaintiff on social media platforms.
* Financial records show that the defendants made joint payments for services intended to harm the plaintiff’s interests.
* The defendants created a shared document outlining their goals and tactics to execute their wrongful act against the plaintiff. - Element 2. They had an object to be accomplished. In a civil conspiracy claim, “they had an object to be accomplished” means that the people involved had a specific goal or purpose they were trying to achieve together, which is a key part of proving that they conspired to do something illegal or harmful.
Facts that might support this element look like:
* The defendants coordinated their actions to undermine the plaintiff’s business by sharing confidential information.
* The parties involved met multiple times to discuss strategies aimed at discrediting the plaintiff in the marketplace.
* Evidence shows that the defendants created a joint plan to manipulate market conditions to their advantage.
* The defendants communicated regularly to ensure their actions aligned with their shared goal of harming the plaintiff.
* Documents reveal that the defendants agreed on specific tactics to sabotage the plaintiff’s reputation and operations. - Element 3. There was a meeting of minds on the object or course of action. In a civil conspiracy claim, “meeting of minds” means that two or more people agreed on a specific plan or action they wanted to carry out together, showing they shared the same goal or intention in their conspiracy.
Facts that might support this element look like:
* The parties involved exchanged multiple emails discussing the specific objectives and strategies for their planned actions.
* During a recorded meeting, all parties verbally agreed on the timeline and methods to achieve their common goal.
* Witnesses can attest that the individuals involved frequently met to coordinate their efforts and share information.
* The parties signed a memorandum outlining their shared intentions and responsibilities regarding the proposed actions.
* Each participant contributed ideas and feedback, demonstrating a collaborative effort towards a unified plan. - Element 4. One or more unlawful, overt acts were committed in furtherance of the object. In a civil conspiracy claim, this means that at least one illegal action was taken by the conspirators to help achieve their shared goal, showing that they actively worked together to carry out their plan.
Facts that might support this element look like:
* The defendants coordinated their actions by meeting regularly to discuss strategies for undermining the plaintiff’s business operations.
* Emails between the defendants revealed a clear intent to damage the plaintiff’s reputation through false statements.
* The defendants engaged in a campaign of harassment against the plaintiff, including threatening phone calls and vandalism of property.
* Financial records show that the defendants pooled resources to fund a smear campaign against the plaintiff.
* Witnesses observed the defendants conspiring in public places to plan their unlawful activities against the plaintiff. - Element 5. Damages occurred as the proximate result of the unlawful overt act. Damages occurred as a direct result of the illegal actions taken by the conspirators, meaning that the harm suffered by the victim was a foreseeable outcome of their wrongful behavior.
Facts that might support this element look like:
* The defendant’s actions directly led to the plaintiff’s financial losses, as evidenced by a significant drop in sales following the unlawful act.
* Witness testimonies confirm that the plaintiff’s reputation was damaged immediately after the defendant’s overt act was publicized.
* The plaintiff incurred substantial legal fees as a direct result of the defendant’s unlawful conduct, which necessitated litigation to address the harm caused.
* The defendant’s actions caused the plaintiff to lose a major contract, resulting in a measurable decrease in revenue.
* Medical records indicate that the plaintiff suffered emotional distress directly linked to the defendant’s unlawful behavior, leading to additional expenses for therapy.
(See Massey v. Armco Steel Co., 652 SW 2d 932 – Tex: Supreme Court 1983.)
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 TX Civil Conspiracy Claim
U.S. Civil Cases Only