Aiding and Abetting Claim Does Not Lie Against Defendant That Urged Others to Aid But Who Did Not Himself Aid
Conspiracy/Aiding and Abetting

Aiding and Abetting Claim Does Not Lie Against Defendant That Urged Others to Aid But Who Did Not Himself Aid

On September 29, 2023, Justice Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op. 33366(U), holding that an aiding and abetting claim does not lie against a defendant who urged others to aid misconduct but who did not himself provide any aid . . . Continue reading Aiding and Abetting Claim Does Not Lie Against Defendant That Urged Others to Aid But Who Did Not Himself Aid

Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim
Commercial Case Notes / Conspiracy/Aiding and Abetting

Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim

On July 13, 2023, the First Department issued a decision in Iberdrola Energy Projects v. MUFG Union Bank, N.A., 2023 NY Slip Op. 03841, holding that a plaintiff was not required to plead the inapplicability of an affirmative defense to an aiding and abetting and conspiracy claim . . . Continue reading Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim

Professional Acting Within Scope of Duties Not Liable for Aiding and Abetting
Commercial Case Notes / Conspiracy/Aiding and Abetting

Professional Acting Within Scope of Duties Not Liable for Aiding and Abetting

On April 10, 2023, Justice Chan of the New York County Commercial Division issued a decision in Prime Props. (USA) LLC v. Kefalas, 2023 NY Slip Op. 31203(U), holding that a professional acting within the scope of his or her duties could not be liable for aiding and abetting a breach of fiduciary duty . . . Continue reading Professional Acting Within Scope of Duties Not Liable for Aiding and Abetting

Civil Conspiracy Claim Fails Without Direct Evidence or Evidence Excluding the Possibility of Independent Action
Commercial Case Notes / Conspiracy/Aiding and Abetting

Civil Conspiracy Claim Fails Without Direct Evidence or Evidence Excluding the Possibility of Independent Action

On February 9, 2023, the First Department issued a decision in Williams v. Citigroup, Inc., 2023 NY Slip Op. 00752, holding that without direct evidence of a conspiracy, a plaintiff must provide evidence that tends to exclude the possibility that the alleged conspirators were acting independently . . . Continue reading Civil Conspiracy Claim Fails Without Direct Evidence or Evidence Excluding the Possibility of Independent Action