Academy of Veterinary Homeopathy v. American Ass'n of Veterinary State Boards

By Judge J. Michael Gamble

I am writing to furnish my revised opinion in this case. By opinion letter of January 30,2012,1 dismissed this case without prejudice under the provisions of Va. Code § 8.01-265.1 have decided to set aside that ruling.

Having set aside the earlier ruling, I must now analyze the demurrer of the defendant under Virginia law. In this regard, for the reasons I have set forth below, I sustain the demurrer as to both Count I: breach of contract and Count II: fraud in the inducement of the contract. Further, I dismiss both counts and dismiss the case.

Under the allegations,…