Docket – November 9, 2018

U.S. District Court – Virginia Western

Cremium LLC v. E. Shore Forest Prods. Inc., WDVA at Lynchburg (Moon).

The defendant’s motion to dismiss claims against it for fraudulent inducement, quantum meruit, and tortious interference with a contract will be granted.

This case concerns wood, sold by the plaintiff and bought by the defendant. During peak demand for firewood in winter 2017–18, the defendant convinced the plaintiff to supply the defendant rather than the defendant’s top competitor. When the weather turned unexpectedly warm, the defendant allegedly balked at its purchase commitments. But the plaintiff did not plead fraud with sufficient particularity, and quantum meruit does not apply when the parties have a contract, as they did here.

Motion to dismiss granted.

Virginia Circuit Courts

Brown v. Tashman, Fairfax Cir. (Oblon).

In pregnancy-related medical malpractice lawsuits, the lack of a personal injuries claim for a child is a bar to a parent’s claim to recover medical expenses incurred on behalf of the child, where the tortious conduct occurred only while thechild was in utero. The parent’s claim to medical expenses for the child is derivative of the child’s own claim for personal injuries.

Defendants’ pleas in bar sustained.

 



Categories: Daily Dockets

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