Legal Opinion
Group Insurance Concepts, Inc. v. Visium Solutions Corp.
Virginia Circuit Court
Decided January 28, 2003No. Case No. CL02001090PublishedCited by 1 opinion
1Opinion of the Court
By Judge Charles N. Dorsey
The plaintiff filed his Motion for Judgment alleging breach of contract and fraud claims, along with a demand for punitive damages and attorney’s fees. The defendant demurred and objected to the sufficiency of the pleading of fraud and the claim for punitive damages and attorney’s fees.
Demurrer
■ In order to sustain a cause of action in fraud, the facts constituting the fraud must be sufficiently pleaded. See Mortarino v. Consulting Engineering Services, Inc., 251 Va. 289,467 S.E.2d 778 (1996). The elements comprising actual fraud are: “(1) a false representation, (2)…
2Cases cited12 opinions
- Winn v. Aleda Const. Co., Inc.Supreme Court of Virginia · 1984
- Mortarino v. Consultant Engineering Services, Inc.Supreme Court of Virginia · 1996
- Prospect Development Co. v. BershaderSupreme Court of Virginia · 1999
- Hiss v. FriedbergSupreme Court of Virginia · 1960
- Tuscarora, Inc. v. B.V.A. Credit Corp.Supreme Court of Virginia · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Oswald v. HoltzmanFairfax County Circuit Court · 2015