actionable claim (Virginia) · Go Syfert
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actionable claim in Virginia

10 Virginia opinions name it 5 courts 2000–2026 1 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
DUNN CONST. CO. v. Cloneygreen
va · 2009 · cited in 3 Virginia opinions naming this issue, 2010–2017
2 sentences

2017As we noted in Dunn , "we cannot permit 'turning every breach of contract into an actionable claim for fraud.' " 278 Va. at 268 , 682 S.E.2d at 947 (citation omitted).

2017As we noted in Dunn , "we cannot permit 'turning every breach of contract into an actionable claim for fraud.' " 278 Va. at 268 , 682 S.E.2d at 947 (citation omitted).

23
Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc.green
va · 1998 · cited in 4 Virginia opinions naming this issue, 2000–2009
2 sentences

2009Nonetheless, as in Richmond Metropolitan Authority, 256 Va. at 560 , 507 S.E.2d at 348 , we cannot permit "turning every breach of contract into an actionable claim for fraud" simply because of misrepresentations of the contractor entwined with a breach of the contract. [4] CONCLUSION For these reasons, the judgment of the circuit court confirming the award of punitive damages for fraud will be reversed and final judgment for Cloney limited to the award of compensatory damages with interest from August 21, 2006 will be entered here.

2009Nonetheless, as in Richmond Metropolitan Authority, 256 Va. at 560 , 507 S.E.2d at 348 , we cannot permit "turning every breach of contract into an actionable claim for fraud" simply because of misrepresentations of the contractor entwined with a breach of the contract. [4] CONCLUSION For these reasons, the judgment of the circuit court confirming the award of punitive damages for fraud will be reversed and final judgment for Cloney limited to the award of compensatory damages with interest from August 21, 2006 will be entered here.

14
Clubside, Inc. v. Valentingreen
ca2 · 2006 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026First, Adams’ equal protection claim fails because by providing no specifics about Kenjoh’s applications (e.g., the size or location of its proposed signs), Adams fails to allege either that it is “similarly situated” to Kenjoh or “that there is no rational basis for the difference in treatment.” Vill. of Willowbrook. v. Olech, 528 U.S. 562, 564 (2000); see also Sas Assocs. 1, LLC v. City Council for the City of Chesapeake, 91 F.4th 715, 722 (4th Cir. 2024) (“To establish a class-of-one [equal protection] claim, a person complaining of a zoning decision must . . . ‘show an extremely high degre

11
Village of Willowbrook v. Olechgreen
scotus · 2000 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026First, Adams’ equal protection claim fails because by providing no specifics about Kenjoh’s applications (e.g., the size or location of its proposed signs), Adams fails to allege either that it is “similarly situated” to Kenjoh or “that there is no rational basis for the difference in treatment.” Vill. of Willowbrook. v. Olech, 528 U.S. 562, 564 (2000); see also Sas Assocs. 1, LLC v. City Council for the City of Chesapeake, 91 F.4th 715, 722 (4th Cir. 2024) (“To establish a class-of-one [equal protection] claim, a person complaining of a zoning decision must . . . ‘show an extremely high degre

11
SAS Associates 1, LLC v. City Council for the City of Chesapeake, Virginiagreen
ca4 · 2024 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026First, Adams’ equal protection claim fails because by providing no specifics about Kenjoh’s applications (e.g., the size or location of its proposed signs), Adams fails to allege either that it is “similarly situated” to Kenjoh or “that there is no rational basis for the difference in treatment.” Vill. of Willowbrook. v. Olech, 528 U.S. 562, 564 (2000); see also Sas Assocs. 1, LLC v. City Council for the City of Chesapeake, 91 F.4th 715, 722 (4th Cir. 2024) (“To establish a class-of-one [equal protection] claim, a person complaining of a zoning decision must . . . ‘show an extremely high degre

11
Gallop v. Sharpgreen
va · 1942 · cited in 1 Virginia opinions naming this issue, 2017–2017
2 sentences

2017See Gallop v. Sharp , 179 Va. 335 , 338, 19 S.E.2d 84 , 86 (1942) ("The gist of the civil action of conspiracy is the damage caused by the acts committed *406 in pursuance of the formed conspiracy and not the mere combination of two or more persons to accomplish an unlawful purpose or use unlawful means.").

2017See Gallop v. Sharp , 179 Va. 335 , 338, 19 S.E.2d 84 , 86 (1942) ("The gist of the civil action of conspiracy is the damage caused by the acts committed *406 in pursuance of the formed conspiracy and not the mere combination of two or more persons to accomplish an unlawful purpose or use unlawful means.").

11
Hernandez v. Lowe's Home Centers, Inc.green
vaccnorfolk · 2011 · cited in 1 Virginia opinions naming this issue, 2016–2016
1 sentence

2016Compare Lawrence v. Sentara Hosps.-Norfolk, 90 Va. Cir. 232, 233 (Norfolk City 2015) (Hall, J.) (holding that negligent supervision is not actionable in Virginia), with Hoover v. Epicurian, 85 Va. Cir. 153, 154 (Norfolk City 2012) (Martin, J.); Hernandez v. Lowe’s Home Ctrs., Inc., 83 Va. Cir. 210, 219 (Norfolk City 2011) (Fulton, J.); and Johnson-Kendrickv.

11
Hoover v. Epicurian, Inc.green
vaccnorfolk · 2012 · cited in 1 Virginia opinions naming this issue, 2016–2016
1 sentence

2016Compare Lawrence v. Sentara Hosps.-Norfolk, 90 Va. Cir. 232, 233 (Norfolk City 2015) (Hall, J.) (holding that negligent supervision is not actionable in Virginia), with Hoover v. Epicurian, 85 Va. Cir. 153, 154 (Norfolk City 2012) (Martin, J.); Hernandez v. Lowe’s Home Ctrs., Inc., 83 Va. Cir. 210, 219 (Norfolk City 2011) (Fulton, J.); and Johnson-Kendrickv.

11
Lawrence v. Hospitals-Norfolkgreen
vaccnorfolk · 2015 · cited in 1 Virginia opinions naming this issue, 2016–2016
1 sentence

2016Compare Lawrence v. Sentara Hosps.-Norfolk, 90 Va. Cir. 232, 233 (Norfolk City 2015) (Hall, J.) (holding that negligent supervision is not actionable in Virginia), with Hoover v. Epicurian, 85 Va. Cir. 153, 154 (Norfolk City 2012) (Martin, J.); Hernandez v. Lowe’s Home Ctrs., Inc., 83 Va. Cir. 210, 219 (Norfolk City 2011) (Fulton, J.); and Johnson-Kendrickv.

11
Chaves v. Johnsongreen
va · 1985 · cited in 1 Virginia opinions naming this issue, 2010–2010
2 sentences

2010We commented in Chaves v. Johnson, 230 Va. 112, 119-20 , 335 S.E.2d 97, 102 (1985), that such claims were embraced by Code §§ 18.2-499 and 18.2-500. [6] However, we presently are of opinion that a conspiracy merely to breach a contract that does not involve an independent duty arising outside the contract is insufficient to establish a civil claim under Code § 18.2-500. [7] To permit a mere breach of contract to constitute an "unlawful act" for the purposes of the conspiracy statute would be inconsistent with the diligence we have exercised to prevent "turning every breach of contract into an

2010We commented in Chaves v. Johnson, 230 Va. 112, 119-20 , 335 S.E.2d 97, 102 (1985), that such claims were embraced by Code §§ 18.2-499 and 18.2-500. [6] However, we presently are of opinion that a conspiracy merely to breach a contract that does not involve an independent duty arising outside the contract is insufficient to establish a civil claim under Code § 18.2-500. [7] To permit a mere breach of contract to constitute an "unlawful act" for the purposes of the conspiracy statute would be inconsistent with the diligence we have exercised to prevent "turning every breach of contract into an

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Augusta Mut. Ins. Co. v. Mason green
va · 2007
2 sentences

2010Co., 278 Va. at 268 , 682 S.E.2d at 946 ; Augusta Mutual, 274 Va. at 208 , 645 S.E.2d at 295 ; Richmond Metro.

2010Co., 278 Va. at 268 , 682 S.E.2d at 946 ; Augusta Mutual, 274 Va. at 208 , 645 S.E.2d at 295 ; Richmond Metro.

12010–2010

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-499 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 97 (1980–2026) CT 67 (1985–2024) CA 60 (1971–2025) NJ 51 (1964–2025) MI 50 (1937–2025) IL 45 (1960–2025) NY 45 (1957–2025) TX 35 (1984–2024) IN 33 (1991–2025) WA 28 (1975–2022) IA 27 (1956–2026) DE 20 (2004–2025) KS 19 (1977–2024) MA 18 (1981–2018) LA 18 (1974–2022) HI 18 (1982–2026) GA 17 (1983–2022) NC 17 (1991–2018) MS 16 (1987–2023) PA 16 (1949–2024) MO 16 (1993–2024) CO 14 (1925–2024) WI 14 (1983–2023) OK 13 (1949–2024) TN 12 (1950–2025) FL 11 (1989–2021) ME 11 (1934–2026) AZ 11 (1977–2024) VA 10 (2000–2026) VT 8 (1983–2025) AL 8 (1958–2007) KY 6 (1988–2023) MN 6 (1975–2025) NM 6 (1971–2026) OR 6 (1990–2023) DC 5 (1975–2011) UT 5 (1992–2014) ID 5 (2006–2021) SC 4 (1995–2013) MT 4 (1990–2012) AK 4 (1985–2022) WV 3 (2002–2021) SD 3 (1969–2000) MD 3 (1982–2018) RI 3 (1983–2005) WY 2 (1992–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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