In Paradis v. Charleston County School District, the Supreme Court of South Carolina reexamined, revised, and reiterated the elements of civil conspiracy claims in this state. Before Paradis, civil conspiracy required “(1) the combination of two or more people, (2) for the purpose of injuring the plaintiff, (3) which causes special damages.” Special damages were required to be separate and distinct from the damages alleged in other causes of action.

In deciding Paradis, however, the Supreme Court overruled 40 years of precedent and abolished the requirement of special damages. As a result, the Paradis decision represents a sea-change in the pleading requirements for this cause of action in South Carolina and, for many practitioners, removes an insuperable obstacle to properly alleging a civil conspiracy claim.

Originally published in SC Lawyer - January 2022.