Dunlap v. Cottman Transmission Systems, LLC, et al.

Summary

The Supreme Court of Virginia answered certified questions from the United States Court of Appeals for the Fourth Circuit concerning Virginia business conspiracy claims and statutes of limitations. It held that tortious interference with contract and tortious interference with business expectancy may serve as the requisite unlawful act for a business conspiracy claim under Virginia Code §§ 18.2-499 and -500. It further held that the five-year limitations period for injury to property under Virginia Code § 8.01-243(B) applies to both tortious interference claims.

Holdings

1. Tortious interference with contract and tortious interference with business expectancy each qualify as the requisite unlawful act for a business-conspiracy claim under Virginia Code §§ 18.2-499 and 18.2-500 because each tort is predicated on an independent common-law duty arising outside the contract.
2. The five-year statute of limitations in Virginia Code § 8.01-243(B), governing actions for injury to property, applies to claims for tortious interference with contract and tortious interference with business expectancy.

Questions Presented

1. Whether tortious interference with contract and tortious interference with business expectancy may serve as the requisite unlawful act for a statutory business-conspiracy claim under Virginia Code §§ 18.2-499 and 18.2-500.
2. Whether the two-year or five-year statute of limitations applies to claims for tortious interference with contract and tortious interference with business expectancy under Virginia Code § 8.01-243.

Disposition

other