Arkoma Basin Exploration Co. v. FMF Associates 1990-A, Ltd.

*464Dissenting Opinion by

Justice MORRIS.

Although I disagree -with the majority’s analysis of several issues presented in this appeal, it is unnecessary for me to address all of them because I believe appellant’s first issue is dispositive. In appellant’s first issue, the central question is whether an opinion based on information known to be inaccurate is a misrepresentation of an existing material fact actionable as a claim for fraud under Virginia law. Unlike the majority, I conclude it is not. For an “opinion” to be actionable under Virginia law, it must be tantamount to an assertion of an…