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Aiding and abetting

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Definition Edit

A claim for aiding and abetting requires

(1) the existence of an independent primary wrong, (2) actual knowledge by the alleged aider and abettor of the wrong and his or her role in furthering it, and (3) substantial assistance in the wrong.[1]

“Substantial assistance requires that the defendant's actions be a ‘substantial factor’ in causing the plaintiff's injury.”[2]

References Edit

  1. In re 3Com Securities Litigation, 761 F.Supp. 1411, 1418 (N.D. Cal. 1990) (full-text) (citing Harmsen v. Smith, 693 F.2d 932, 943 (9th Cir. 1982)).
  2. Impac Warehouse Lending Grp. v. Credit Suisse First Boston LLC, 270 Fed. Appx. 570, 572 (9th Cir. 2008) (internal citation omitted).

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