If a fraud claim for example is settled against a certain party defendant, can a dependent civil conspiracy claim still stand against another defendant that did not commit the tort but conspired to do so? Or is it subject to dismissal as a matter of law after the underlying tort is settled?
is it subject to dismissal as a matter of law after the underlying tort is settled?
Yes, it would be dismissed. Beck v. Prupis, 529 U.S. 494(2002) cites various authorities in the sense that
[s]ince liability for civil conspiracy depends on performance of some underlying tortious act, the conspiracy is not independently actionable; rather, it is a means for establishing vicarious liability for the underlying tort.