Misrepresentations As to Work Performed by Contractors Only Support Action for Breach of Contract and Not Fraud

November 7, 2009

The Supreme Court of Virginia recently applied and reaffirmed the rule that representations as to performance of duties imposed by contract, although unquestionably deliberate and false, only support recovery of compensatory damages based on breach of contract and not punitive damages based on fraud. Dunn Construction Company, Inc., v. Cloney, 278 Va. 260 (2009).

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Member of a LLC May Not Pursue Individual Claims Against Fellow Members or Managers of the LLC for Breach of Fiduciary Duty

June 8, 2009

Remora Investments, L.L.C., 277 Va. 316, 319, 673 S.E.2d 845, 845 (2009)- The Supreme Court of Virginia recently decided that a member of a limited liability company (“LLC”) cannot pursue an individual claim against a fellow member and manager of the LLC unless the manager’s duties are imposed by contract or the operating agreement of the LLC.

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