Agar Corp., Inc. v. Electro Circuits International, LLC (Opinion)Annotate this Case
The Supreme Court reversed in part and affirmed in part the judgment of the court of appeals affirming the trial court's summary judgment concluding that Plaintiff's civil conspiracy claims were barred by limitations, holding that Tex. Civ. Prac. & Rem. Code 16.003 does not universally apply to civil conspiracy claims.
In affirming the summary judgment, the court of appeals followed its own precedent and applied section 16.003, the two-year statute generally applicable to torts, including trespass. The Supreme Court reversed in part and remanded the case for further proceedings, holding (1) the applicable statute of limitations for civil conspiracy must coincide with that of the underlying tort for which the plaintiff seeks to hold at least one of the named defendants liable; and (2) at least one of the underlying torts asserted as the basis for the conspiracy claims in this case may not be barred by its applicable statute of limitations.