Aiding and Abetting, Conspiracy, and The Picture of Dorian Gray
It isn’t every day that the Law Court addresses claims of civil conspiracy or aiding and abetting breaches of fiduciary duty, but that is exactly what the court did in Meridian Medical Systems, LLC v. Epix Therapeutics, Inc. – with a bit of literary allusion thrown in.
In Meridian, the Court clearly stated for the first time that
civil liability can attach for aiding and abetting another’s tortious conduct.
Meridian involved a business relationship gone bad. Ken Carr, in his capacity as assignee of the claims of Meridian, sued corporate defendants which had a relationship with Meridian as a result of a licensing agreement. The complaint asserted that the value of Meridian’s technology was not maximized due to the conduct of Ken Carr’s co-managers at Meridian, which allegedly was encouraged by the defendants. The complaint included counts for “conspiracy” and “aiding and abetting breaches of fiduciary duty.”