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Appeals court questions evidence of conspiracy and agency in investor defendants' claims
Summary
Counsel for investor defendants told the Utah Court of Appeals that the trial judge properly required clear-and-convincing evidence for a civil-conspiracy finding and that testimony did not show a "meeting of the minds" to breach noncompetition covenants.
The Utah Court of Appeals also heard argument over whether investor defendants Cammie Lynn and Brett Hadley, among others, were properly found liable for civil conspiracy to induce breaches of noncompetition agreements.
Bridal Frazier, counsel for the investor defendants, told the three-judge panel that the trial court correctly applied a heightened standard for the conspiracy claims and made credibility findings the appellate court should respect. "One of the elements ... is that there has to be a meeting of the minds for an unlawful purpose," Frazier said, arguing that testimony did not show the investor defendants had knowledge of or agreement about the noncompetition covenants and that at least some defendants denied ever seeing the agreements.
Frazier and other defense counsel also…
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