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Home / Opinion Digests / ‘Miss Utility’ Case Punitives Claim Survives (access required)

‘Miss Utility’ Case Punitives Claim Survives (access required)

Plaintiff telecommunications company can sue for trespass, including a claim for punitive damages, based on allegations that defendant excavation company severed plaintiff’s fiber optic cable, after plaintiff marked it under Virginia’s “Miss Utility” program, causing damages to plaintiff; the Richmond U.S. District Court denies defendant’s motion to dismiss. Plaintiff Level 3 Communications LLC is a Delaware ...

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