Studying The Councilor George Scarpelli Court Case

 Count V: Civil Conspiracy 
  Studying the Scarpelli Court Case
https://www.govinfo.gov/content/pkg/USCOURTS-mad-1_15-cv-13697/pdf/USCOURTS-mad-1_15-cv-13697-0.pdf

“Massachusetts recognizes two types of civil conspiracy, so-called ‘true conspiracy’ and conspiracy based on section 876 of the Restatement (Second) of Torts.” Taylor v. Am. Chemistry Council, 576 F.3d 16, 34 (1st Cir. 2009). The first is “drawn from the common law, [and] amounts to ‘a very limited cause of action’ . . . based on the defendants’ allegedly unique ability to exert a ‘peculiar power of coercion’ when acting in unison.” Snyder v. Collura, 812 F.3d 46, 52 (1st Cir.), cert. denied, 136 S. Ct. 2517 (2016) (citation omitted). Thus, the “wrong” suffered by the plaintiff arises from “the particular combination of the defendants rather than in the tortious nature of the underlying conduct”—for example, collusive behavior among market Case 1:15-cv-13697-ADB Document 117 Filed 10/26/17 Page 28 of 30 29 competitors. Id. “The second type of conspiracy, based on section 876 of the Restatement, is a form of vicarious liability for the tortious conduct of others.” Taylor, 576 F.3d at 34. “The conspiracy consists in agreeing to, or assisting in, [an] underlying tort.” Id. at 35. Within this second type of conspiracy, Massachusetts courts have recognized two theories of liability: (1) concerted action, and (2) substantial assistance, or aiding and abetting. Id.