Dunlap v. Cottman Transmissions Sys., LLC

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Plaintiff filed an action against Defendants, alleging claims for tortious interference with a contract, tortious interference with business expectancy, and business conspiracy. The district court (1) dismissed the business conspiracy claim for failure to allege an unlawful act or purpose, and (2) dismissed Plaintiff’s remaining two tort claims as barred by the two-year statute of limitations in Va. Code Ann. 8.01-248, thus rejecting Plaintiff’s contention that his tortious interference claims constituted an injury to his property, which would be subject to a five-year statute of limitations under Va. Code Ann. 8.01-243(B). Plaintiff appealed to the Fourth Circuit Court of Appeals. The Fourth Circuit entered an order of certification requesting the Virginia Supreme Court to answer two questions of law. The Supreme Court answered by holding (1) causes of action for tortious interference with a contract and tortious interference with business expectancy qualify as the requisite unlawful act to proceed on a business conspiracy claim under Va. Code Ann. 18.2-499 and -500; and (2) the five-year statute of limitations in section 8.01-243(B) applies to claims of tortious interference with a contract and tortious interference with business expectancy because both claims involve injury to property rights. View "Dunlap v. Cottman Transmissions Sys., LLC" on Justia Law