Originally published by David Coale.
An alleged tortfeasor, earlier named as a party in a case, settled with the plaintiff. The plaintiff sought to submit a conspiracy count related to that party, and the Fifth Circuit agreed: “The alleged co-conspirator need not actually face liability. … [A]settlement in general does not prevent submitting to the jury questions about that party’s conduct (only pursuing an actual judgment against the settling party). Therefore, we conclude that Phadia’s settlement had no bearing on the Plaintiffs’ ability to prove a civil conspiracy case against the Defendants based on an underlying tort committed by Phadia.” United Biologics v. Allergy & Asthma Network, No. 19-50257 (June 24, 2020) (unpublished).
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