tort settlement civil
Going to trial on civil conspiracy claim when underlying tort claim is settled?
<p>If a fraud claim for example is settled against a certain party defendant, can a dependent civil conspiracy claim still stand against another defendant that did not commit the tort but conspired to do so? Or is it subject to dismissal as a matter of law after the underlying tort is settled?</p>

<blockquote>
  <p>is it subject to dismissal as a matter of law after the underlying tort is settled?</p>
</blockquote>

<p>Yes, it would be dismissed. <a href="https://www.leagle.com/decision/20001023529us49411004" rel="nofollow noreferrer"><em>Beck v. Prupis</em>, 529 U.S. 494(2002)</a> cites various authorities in the sense that </p>

<blockquote>
  <p>[s]ince liability for civil conspiracy depends on performance of some
  underlying tortious act, the conspiracy is not independently
  actionable; rather, it is a means for establishing vicarious liability
  for the underlying tort.</p>
</blockquote>
