What are the elements of a civil conspiracy claim?
A civil conspiracy claim is a legal claim that involves two or more individuals conspiring to commit a wrongful act that causes harm to another person or entity. In Nevada, the elements of a civil conspiracy claim are as follows: 1. An agreement between two or more individuals to commit a wrongful act. The agreement must be specific and clearly demonstrate the intent to commit a wrongful act. 2. An overt act or acts that were committed in furtherance of the conspiracy. The acts must have caused harm to the victim. 3. An actual injury caused by the tortious actions of the conspirators. This usually requires showing that the conspirators had an opportunity to commit the tortious act and they caused the harm to the victim. 4. Damages caused to the victim. In some cases, the damages can be either financial or emotional. 5. The defendant was knowingly involved in the conspiracy and actually benefited from the conspiracy in some way (i.e. profits from the tortious act). In Nevada, a civil conspiracy claim can also be brought under the Unfair Competition Law. To be successful in this type of claim, the plaintiff must prove all of the elements of a civil conspiracy claim as listed above. If successful, the plaintiff may be entitled to damages, injunctive relief, and attorney’s fees.
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