Allegro, Inc. v. Scully
Supreme Court of South Carolina
1Dissent
CHIEF JUSTICE PLEICONES:
I respectfully dissent and would affirm the decision of the Court of Appeals which remanded all causes of action for a new trial.
A. Civil Conspiracy
I would take this opportunity to clarify the law of civil conspiracy. The definition of civil conspiracy is “the conspiring together to do an unlawful act to the detriment of another or the doing of a lawful act in an unlawful way to the detriment of another.”4 Charles v. Texas Co., 192 S.C. 82, 5 S.E.2d 464 (1939). A civil conspiracy is not actionable unless overt acts proximately damage the plaintiff. Todd v. S.C. Farm…
2Cases cited4 opinions
- Todd v. South Carolina Farm Bureau Mutual InsuranceSupreme Court of South Carolina · 1981
- Todd v. South Carolina Farm Bureau Mutual InsuranceSupreme Court of South Carolina · 1985
- Charles v. Texas Co.Supreme Court of South Carolina · 1939
- State Ex Rel. Wilson v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.Supreme Court of South Carolina · 2015