Civil Litigation
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Texas Civil Conspiracy

© 2014 Mark Courtois

There are five elements to a civil conspiracy claim:

1) Combination by two or more persons;
2) An object to be accomplished;
3) A meeting of the minds on the object or course of action;
4) One or more unlawful, overt acts; and
5) Damages as a proximate result.

Chon Tri v. J.T.T., 162 S.W.3d 552, 556 (Tex. 2005); Juhl v. Airington, 936 S.W.2d 640, 644, 39 Tex. Sup. Ct. J. 830, 40 Tex. Sup. Ct. J. 302 (Tex. 1996); Firestone Steel Prods. Co. v. Barajas, 927 S.W.2d 608, 614, 39 Tex. Sup. Ct. J. 848 (Tex. 1996); Triplex Communications, Inc. v. Riley, 900 S.W.2d 716, 719-20 (Tex. 1995). Merely proving a joint 'intent to engage in the conduct that resulted in the injury' is not sufficient to establish a cause of action for civil conspiracy. Id at 557. There cannot be a civil conspiracy to be negligent. Id.