McMillion v. Dryvit Systems, Inc.

This appeal involves claims of false advertising and fraud arising out of an allegedly defective product known as “Exterior Insulation Finish System” (EIFS). Because we conclude that the limitation period in Code § 8.01-248 applies to a cause of action for false advertising, we will affirm the circuit court’s judgment sustaining a plea of the statute of limitations. We will also affirm the court’s judgment sustaining a demurrer to the fraud counts for two reasons. In a pleading filed after the court sustained a demurrer, the plaintiffs did not re-plead fraud based on the defendant’s failure…