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Tag Archives: Civil Conspiracy

Tort/Negligence – Alienation of Affections – Mother & Daughter – Civil Conspiracy – Unfair Trade Practices – Emotional Distress – Civil Practice – Statute of Limitations – Rule 11 (access required)

Rushing v. Barron Since North Carolina does not recognize alienation of affection for any relationship other than that of spouses, plaintiff cannot make out a civil conspiracy claim by alleging that her father and brother conspired to alienate her mother’s affection and to convince her mother to exclude plaintiff from inheritance.

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Tort/Negligence – Civil Conspiracy – Fraudulent Transfers Act – Equitable Subordination – Civil Practice – Standing (access required)

LS Mtron v. Escorts, Ltd. The plaintiff-tractor manufacturer has alleged that an Indian parent company and its now-insolvent U.S. subsidiary created and submitted false orders for plaintiff’s tractors so they could obtain financing. Plaintiff alleges the lender knew the orders were fabricated but went along with the scheme because it benefited the lender as well. Finally, plaintiff alleges that it was injured because it continued to send additional equipment to the subsidiary and is now unable to recover the money it is owed by the subsidiary as a result of the alleged conspiratorial actions of the parent company, the subsidiary, and the lender. Plaintiff’s allegations state a claim for civil conspiracy.

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Tort/Negligence – Civil Conspiracy – Breach of Fiduciary Duty – Limited Partnership Member – Tavern Lease – Preliminary Injunction (access required)

GoRhinoGo, LLC v. Lewis The plaintiff-limited partnership leases premises to operate its only asset: a tavern. Plaintiff has made a strong showing that one of its (now former) members conspired with its landlord to terminate its lease so the conspiring member could open his own bar at the same location. If the lease were terminated and transferred, plaintiff’s loss of profits and loss of good will would be difficult to prove. The landlord is preliminarily enjoined from terminating plaintiff’s lease upon plaintiff’s posting of a $45,000 bond.

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Tort/Negligence – Malicious Prosecution – Unfair & Deceptive Trade Practices – Civil Conspiracy (access required)

Kirkman v. Tison.  (Lawyers Weekly No. 10-03-0854, 14 pp.) (L. Patrick Auld, USMJ). M.D.N.C. Holdings: In claims relating to the defendants’ alleged involvement in procuring a misdemeanor summons charging the plaintiff with sending harassing e-mail, the plaintiff pled facts sufficient ...

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