The Trial Lawyers College v. Gerry Spences Trial Lawyers College at Thunderhead Ranch et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
THE TRIAL LAWYERS COLLEGE,
a nonprofit corporation,
Plaintiff, Counterclaim Defendant,
v. 	Case No. 1:20-cv-80-JMC
GERRY SPENCES TRIAL LAWYERS
COLLEGE AT THUNDERHEAD RANCH,
a nonprofit corporation,
THE GERRY SPENCE METHOD AT
THUNDERHEAD RANCH INC,
a nonprofit corporation, and
JOHN ZELBST,
JOSEPH H. LOW,
KENT SPENCE, and
DANIEL AMBROSE, individuals,
Defendants,
JOHN JOYCE,
Defendant, Counterclaim Plaintiff,
GERALD L. SPENCE, and
REX PARRIS, individuals,
Defendants, Counterclaim Plaintiffs, Third-Party Plaintiffs,
v.
JOHN SLOAN,
ANNE VALENTINE,
JAMES R. CLARY, JR,
MILTON GRIMES,
MAREN CHALOUPKA,
DANA COLE, individuals,
Third-Party Defendants,
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JOHN JOYCE,
Third-Party Plaintiff,
v.
F WARRIORS,
Third-Party Defendant.
ORDER DENYING DEFENDANTS’ MOTION TO STRIKE
ALLEGATIONS AND EXHIBITS AGAINST MESSRS. SPENCE AND
LOW INVOLVING “TRIAL LAWYERS UNIVERSITY” IN LIGHT
OF SETTLEMENT BETWEEN TLC AND DANIEL AMBROSE
On October 6, 2022, counsel for Defendants Rex Parris, Gerald Spence, and Joseph Low
(“Defendants”) filed a Motion to Strike Allegations and Exhibits Against Messrs. Spence and Low
Involving “Trial Lawyers University” in Light of Settlement Between TLC and Daniel Ambrose
(Doc. No. 559). 	In their motion, Defendants argue that Plaintiff’s settlement with Defendant
Daniel Ambrose necessitates dismissal of any claims related to Trial Lawyers University as to all
defendants.
In the Third Amended Complaint, Plaintiff The Trial Lawyers College, alleges that
Defendant Ambrose acted in concert with Defendants Parris and Low to advertise a competing
lawyer training program called Trial Lawyers University. Plaintiff has now settled with Defendant
Ambrose.
Defendants contend that leaving the allegations of misconduct related to Trial Lawyers
University is manifestly unjust. Defendants assert that any settlement agreement would have to
release not just Ambrose, but anyone purportedly acting on his behalf. 	Defendants believe that
the terms of the settlement agreement are relevant for understanding the scope of the release and
for understanding if Trial Lawyers University can continue operating without objection. If that is
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the case, Defendants contend that Plaintiff cannot possibly continue to claim Parris and Low did
anything wrong by teaching seminars at Trial Lawyers University.
Plaintiff counters that the settlement with Defendant Ambrose releases Ambrose as an
individual defendant and that it does not dismiss any claims wholesale from the case. 	Thus,
Plaintiff believes its settlement with Defendant Ambrose does not dismiss any claims against
Defendants Parris and Low.
The Court disagrees with Defendants. 	A civil conspiracy consists of the following
elements: “(1) two or more persons; (2) an object to be accomplished; (3) a meeting of the minds
in the object or course of action; (4) one or more unlawful overt acts; and (5) damages as the
proximate cause thereof.” White v. Shane Edeburn Const., LLC, 285 P.3d 949, 958 (Wyo. 2012)
(quoting McKibben v. Chubb, 840 F.2d 1525, 1533 (10th Cir. 1988)). This is not a situation where
the Court has dismissed an underlying tort claim that serves as the basis for the civil conspiracy.
Rather, Plaintiff has settled with one of the alleged conspirators. 	Plaintiff’s settlement with
Ambrose does not mean that Plaintiff condones Ambrose’s alleged tortious conduct. 	And
Defendants cite no case law to support their argument that the fact a plaintiff settles with one
conspirator means that it cannot prosecute its case against the remaining alleged co-conspirators.
Because a jury could find that Parris and Low engaged in infringing conduct in advertising a
competing lawyer training program, the Court will not strike the allegations in the Third Amended
Complaint.
The Court thus DENIES Plaintiff’s Motion to Strike Allegations and Exhibits Against
Messrs. Spence and Low Involving “Trial Lawyers University” in Light of Settlement Between
TLC and Daniel Ambrose (Doc. No. 559).
IT IS SO ORDERED.
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Entered for the Court
this the 7th day of October, 2022
/s/ Joel M. Carson III______
Joel M. Carson III
United States Circuit Judge
Sitting by Designation
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