Derrick Johnson v. Us Bancorp

MEMORANDUM

Derrick and Amy Marie Johnson (collectively, the “Johnsons”) appeal the district court’s dismissal of their diversity action against U.S. Bancorp and its wholly-owned subsidiary U.S. Bank National Association (collectively, “U.S. Bank” or the “Bank”), alleging civil conspiracy, negligent supervi sion, and loss of consortium as a result of U.S. Bank’s termination of Derrick’s employment. The Johnsons argue that U.S. Bank conspired with its employees and its attorney Michael Droke to terminate Derrick’s employment in retaliation for his internal reports regarding alleged violations of banking laws and regulations. We affirm the district court’s dismissal of the Johnsons’ amended complaint.

The district court properly dismissed the Johnsons’ civil conspiracy claim for failure to allege a legally cognizable co-conspirator. See All Star Gas, Inc., v. Bechard, 100 Wash.App. 732 , 998 P.2d 367, 371 (Wash.Ct.App.2000). A corporation cannot conspire with its duly recognized agents when they are acting within the scope of their agency. See Corbit v. J.I. Case Co., 70 Wash.2d 522 , 424 P.2d 290 , 295 n. 3 (1967); Eyak River Packing Co. v. Huglen, 143 Wash. 229 , 255 P. 123 , 126…