State, Dept. of Treasury v. Qwest Communications International, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Restatement is consistent with common usage of the terms aiding and abetting
• explaining that a claim for aiding the commission of a tort requires proof of the underlying tort
• stating that a claim for aiding and abetting liability is found in cases where one party “knows that the other’s conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other so to conduct himself’
• explaining A-2332-20 13 that a claim for aiding the commission of a tort requires proof of the underlying tort
• detailing scienter requirement for aiding and abetting a breach of fiduciary duty
• “However, the mere common plan, design or even express agreement is not enough for liability in itself, and there must be acts of a tortious character in carrying it into execution.” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).