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9 Virginia opinions name it 8 courts 1995–2023 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.
| Case | Followed | Cited |
|---|---|---|
Mortarino v. Consultant Engineering Services, Inc.green2 sentences2002Id. at 558-59 ; Mortarino v. Consultant Engineering Servs., 251 Va. 289, 294-95 (constructing fraud requires plaintiff to show that “a false representation of material fact was made innocently or negligently, and the injured party was damaged as a result of his reliance”). 2000The plaintiffs’ reliance on Mortarino v. Consultant Eng’g Servs., Inc., 251 Va. 289 , 467 S.E.2d 778 (1996), is misplaced. | 1 | 2 |
Supervalu, Inc. v. Johnsongreen1 sentence2023“Though not inevitable, this was a possible conclusion, making the punitive damage issue one for the jury to decide . . . .”9 9 We conclude that the holding in Supervalu, Inc. v. Johnson, 276 Va. 356, 368 (2008), in which the evidence was not sufficient to support the constructive fraud claim, does not require a different outcome here. - 12 - See Jordan, 219 Va. at 454 . | 1 | 1 |
Sales v. Kecoughtan Housing Co., Ltd.green2 sentences2013For a constructive fraud claim, the plaintiff need only “plead that the false representation was made innocently or negligently.” Sales v. Kecoughtan Housing Co., 279 Va. 475, 481 , 690 S.E.2d 91, 94 (2010). 2013For a constructive fraud claim, the plaintiff need only “plead that the false representation was made innocently or negligently.” Sales v. Kecoughtan Housing Co., 279 Va. 475, 481 , 690 S.E.2d 91, 94 (2010). | 1 | 1 |
Sensenbrenner v. Rust, Orling & Neale, Architects, Inc.green2 sentences2004Applying these principles, we conclude that the circuit court properly sustained George’s demurrer to the constructive fraud claim under the “economic loss rule.” As we explained in Sensenbrenner v. Rust, Orling & Neale, Architects, Inc., 236 Va. 419, 425 , 374 S.E.2d 55, 58 (1988), losses suffered as a result of the breach of a duty assumed only by agreement, rather than a duty imposed by law, remain the sole province of the law of contracts. 2004Applying these principles, we conclude that the circuit court properly sustained George’s demurrer to the constructive fraud claim under the “economic loss rule.” As we explained in Sensenbrenner v. Rust, Orling & Neale, Architects, Inc., 236 Va. 419, 425 , 374 S.E.2d 55, 58 (1988), losses suffered as a result of the breach of a duty assumed only by agreement, rather than a duty imposed by law, remain the sole province of the law of contracts. | 1 | 1 |
Nationwide Insurance v. Pattersongreen1 sentence1995Co. v. Patterson, 229 Va. 627, 629 (1985), based on the same two representations by the Defendant. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc.
green
2 sentences2000In the recent case of Richmond Metropolitan Auth. v. McDevitt Street Bovis, Inc., 256 Va. 553 , 507 S.E.2d 344 (1998), the Supreme Court expressly held that the plaintiffs couching his action against a contractor, who had allegedly made negligent misrepresentation about a project being built in conformance to the design documents, as a constructive fraud claim would not save the plaintiff from the application of the three year statute of limitations to his action. 2000In the recent case of Richmond Metropolitan Auth. v. McDevitt Street Bovis, Inc., 256 Va. 553 , 507 S.E.2d 344 (1998), the Supreme Court expressly held that the plaintiffs couching his action against a contractor, who had allegedly made negligent misrepresentation about a project being built in conformance to the design documents, as a constructive fraud claim would not save the plaintiff from the application of the three year statute of limitations to his action. | 2 | 2000–2002 |
Jordan v. Sauve
green
1 sentence2023“Though not inevitable, this was a possible conclusion, making the punitive damage issue one for the jury to decide . . . .”9 9 We conclude that the holding in Supervalu, Inc. v. Johnson, 276 Va. 356, 368 (2008), in which the evidence was not sufficient to support the constructive fraud claim, does not require a different outcome here. - 12 - See Jordan, 219 Va. at 454 . | 1 | 2023–2023 |
George Robberecht Seafood, Inc. v. Maitland Bros.
green
2 sentences2009However, Plaintiff correctly asserts that a buyer can claim fraud in the inducement, notwithstanding the fact that a sale was made “as is.” See George Robberecht Seafood, Inc. v. Maitland Brothers Co., 220 Va. 109 , 255 S.E.2d 682 (1979). 2009However, Plaintiff correctly asserts that a buyer can claim fraud in the inducement, notwithstanding the fact that a sale was made “as is.” See George Robberecht Seafood, Inc. v. Maitland Brothers Co., 220 Va. 109 , 255 S.E.2d 682 (1979). | 1 | 2009–2009 |
Filak v. George
green
2 sentences2006In Filak, 267 Va. at 618-19 , 594 S.E.2d at 613 , the Supreme Court rejected a constructive fraud claim against an insurance agent who failed to procure a certain kind of casualty insurance policy. 2006In Filak, 267 Va. at 618-19 , 594 S.E.2d at 613 , the Supreme Court rejected a constructive fraud claim against an insurance agent who failed to procure a certain kind of casualty insurance policy. | 1 | 2006–2006 |
Blair Construction, Inc. v. Weatherford
green
1 sentence2003Such promises, however, cannot form the basis of a constructive fraud claim, Blair Constr., 253 at 346-47, 485 S.E.2d at 139 , and the co-administrators have stated in their brief before this Court, that their case “does not rest on a promise that SCI buy the stock from the corporation and plaintiffs’ reliance on that promise or the general advice of the defendants.” Furthermore, the record shows that defendants offered to purchase the stock from the co-administrators, spreading payments for the stock over time; however, the co-administrators rejected those offers, requiring a cash sale. | 1 | 2003–2003 |
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.