Does Ohio Recognize Claims for ‘Tortious Acts in Concert’ Pursuant To The Restatement of Torts, Section 876?
DeVries Dairy, LLC v. White Eagle Cooperative Assoc., et al., Case no. 2011-1995
U.S. District Court for the Northern District of Ohio
ISSUE: Does Ohio recognize legal claims asserted under Section 876 of the Restatement of Torts for “tortious acts in concert,” i.e. claims asserted by a plaintiff against not only the party whose conduct directly caused the plaintiff’s loss or injury, but also against a third party or parties that assisted or encouraged the primary defendant in committing the injurious conduct with knowledge that that conduct breached a duty owed to the plaintiff?