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Office Notice

Due to inclement weather conditions, the Raleigh office will be closed today, Jan. 21, 2022.

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February 15, 2022

FinTech and Special Purpose Acquisition Companies (SPACs)

Continuing the FinTech University series, join chair of Nelson Mullins FinTech and Regulation Practice and moderator, Richard Levin, and attorneys Jon Talcott, Andy Tucker, and Peter Strand for this one-hour session, "FinTech and SPACs." Continuing Legal Education (CLE) credit will be sought for all attorneys requesting. Certificates of attendance are available upon request for CPE purposes. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.

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January 2022

What's Left Post-Paradis?

Civil Conspiracy Claims After the Demise of Special Damages

By Andrew M. Connor

SC Lawyer

Reprinted with permission

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.

Now that special damages are no longer required, the question becomes, “What’s left?” Indeed, in the wake of the Paradis decision, sorting through the remnants of overruled court opinions to decipher what remains of our state’s civil conspiracy jurisprudence seems no easy task. Nevertheless, this article attempts to lighten the practitioner’s load in answering the question, “What’s left?” The answer, of course, is, “Almost everything else.”

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