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11 result(s) for economic loss
Why All the Attempts to Allege Construction Cases as Fraud? Limitations and Economic Loss Rule
Many plaintiffs attempt to allege fraud claims in construction cases. These attempts generally fail in Virginia because a claimant must allege a basis for a fraud claim that arises outside the context of a contractual duty. This theory was clearly...
Broken Promises Won't Get You a Fraud in the Inducement Claim: Station # 2, LLC v. Lynch, et al.
The Virginia Supreme Court recently gave us yet another example of a breach of contract case that couldn’t rise to a fraud in the inducement claim in Station #2, LLC v. Lynch, et al., Record No. 091410. In Station #2,...
Chinese Drywall Verdict and the Economic Loss Rule: Forum Matters
I spent this weekend thinking about the significant victory for Virginia home owners in the Chinese drywall litigation that was tried as part of the pending class action in New Orleans. It may have mattered quite a bit that this...
7 Virginia Chinese Drywall Plaintiffs Get $2.6 Million Verdict ...
As reported today by Virginia Lawyer's Weekly, seven Virginia families were awarded $2.6 million in damages by New Orleans federal Judge Eldon Fallon. The whopping verdict allowed recovery of extensive damages, but denied recovery due to loss of value stigma...
Virginia Designers Rejoice: A/E Limitation of Liability Clauses are Allowed (Again?)
The Virginia General Assembly passed a statute, HB 797, that expressly permits architects and engineers to enter into contractual limitation of liability clauses. The ACEC, VSPE, and VSAIA actively pushed to change the statute in the wake of several cases...
Huge Snowfall Leads to Wave of Roof Collapses
So, here in the Washington, DC area we are buried under a couple feet of snow. You know we have a lot of snow when the Lincoln Memorial steps have been transformed into a good tobogan run. Unfortunately, so much...
The Economic Loss Rule Applies to Professional Malpractice Claims Too
Virginia law continues to apply a strict division between contract claims and tort claims. This rule holds true in the context of professional malpractice claims as well. Many states apply legal rules where professional malpractice claims arise from negligence or...
Virginia's Economic Loss Rule: Products Liability, Part 2 (Why it Matters!)
As we watch Chinese drywall litigation erupt nationally, we see the rapid fallout: insurance companies denying coverage; suppliers going bankrupt; homeowners filing suit against all the parties in the food chain. We have seen this story before. In Virginia, the...
Virginia's Economic Loss Rule: Products Liability, Part 1
We have seen waves of claimed problems with construction products over the last several decades: PVC plumbing fixtures and materials; fire retardant treated (FRT) plywood; exterior insulation and finish systems (EIFS). We are on the front edge of another eruption...
Virginia's Economic Loss Rule Demystified: The Basics
The economic loss rule defines that most basic of questions: who can sue whom and for what claims. Virginia still sticks to an extremely Conservative judicial model and this philosophical thread is readily apparent in cases dealing with this question....
Chinese Drywall - Virginia Plaintiffs Go First
The first trial in the infamous Chinese drywall litigation will apparently involve seven Virginia homeowners. The first case is currently set for a bench trial on January 25, 2010. We have written several times regarding the Chinese drywall litigation, including...
