Halberstam v. Welch

705 F.2d 472 (1983)

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Halberstam v. Welch

United States Court of Appeals for the District of Columbia Circuit
705 F.2d 472 (1983)

  • Written by Heather Whittemore, JD
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Facts

Bernard Welch, Jr. (defendant) was a burglar who stole and sold antiques, jewelry, and other items. Linda Hamilton (defendant) was in a relationship with Welch. By 1978, Welch and Hamilton had a combined annual income of over $1 million. Hamilton assisted Welch by keeping track of Welch’s inventory stored in their basement, performing secretarial work, and accepting checks written out to her by Welch’s buyers. In 1980 Welch was arrested for killing Michael Halberstam while burglarizing Halberstam’s home. Elliott Jones Halberstam (plaintiff), Halberstam’s widow, filed a wrongful-death lawsuit in federal district court against Welch and Hamilton. Hamilton opposed the lawsuit, asserting that she did not know about Welch’s activities, believing instead that Welch operated a legitimate antiques business. The district court held that Hamilton was jointly liable with Welch, finding that Hamilton was a partner in Welch’s activities. The district court determined that two theories of concerted-action liability were present in the case, civil conspiracy and aiding and abetting. Hamilton appealed.

Rule of Law

Issue

Holding and Reasoning (Wald, J.)

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