Quantcast
Home / Opinion Digests / No claim for ‘constructive fraud by omission’ (access required)

No claim for ‘constructive fraud by omission’ (access required)

Where an ophthalmologist alleged defendants fraudulently guaranteed geographic exclusivity of a medical device, his suit was dismissed because there is no claim for “constructive fraud by omission” in Virginia. Fraud by omission requires that the nondisclosing party deliberately fails to disclose a material representation while constructive fraud captures negligent (but otherwise innocent) omissions. Background When Dr. Tayyib ...