Conspirators, Special Agents and Other Bad Actors: Refining Allegations of Vicarious Liability

This article originally appeared in the Volume 3, Number 9, September 2006 issue of the Advocate. 

While the days of pickpockets have not passed, stealing and other forms of unfair competition have become far more complex. And the statutes and commercial torts that remedy these acts impose complex issues of proof. As a result, whether a case can be made often depends upon whether there is anyone left holding the bag, or holding a bag from which restitution can be had. These principals are equally important where insurance covering personal injuries is insufficient, or absent.