93 Va. Cir. 366
Henrico Cir. Ct.2016Background
- Plaintiff Thomas C. Hunter was an independent sales representative marketing Praxa Medical surgical products to hospitals.
- Defendants: Tyler Richmond (employee/owner of Restoration Medical, LLC), Restoration Medical, Dr. J. Michael Simpson, and Tuckahoe Orthopedic Associates.
- Hunter sued (original complaint April 24, 2015) for tortious interference (two counts) and later added Count III for statutory business conspiracy under Va. Code §§ 18.2-499 and 18.2-500 in his Second Amended Complaint (SAC).
- Defendants demurred to the SAC; the court overruled the demurrers as to Counts I and II but took Count III under advisement and requested supplemental briefs.
- Central factual/legal dispute: whether Hunter’s asserted injury constitutes a protected "business" interest (necessary for a § 18.2-499/500 conspiracy claim) or only an employment/professional interest outside the statute’s scope.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the SAC alleges damage to a "business" interest sufficient for a statutory business conspiracy claim under Va. Code § 18.2-499/500 | Hunter: as an independent contractor he had a business interest — a right to contract performance and to reap profits from his sales activities | Defendants: Hunter’s interest was employment/professional (representative of Praxa), not a separate business, so the statute does not protect him | Court: Hunter failed to allege damage to a business interest; claim under §§ 18.2-499/500 dismissed with prejudice |
Key Cases Cited
- Allen Realty Corp. v. Holbert, 227 Va. 441 (1984) (sets elements of statutory business conspiracy: combination to willfully and maliciously injure business and resulting damage)
- Andrews v. Ring, 266 Va. 311 (2003) (statute protects business/property interests, excludes personal employment interests)
- Shirvinski v. United States Coast Guard, 673 F.3d 308 (4th Cir. 2012) (independent-contractor status insufficient to show business interest where plaintiff did not own a business or operate as a separate organization)
- Rogers v. Deane, 992 F. Supp. 2d 621 (E.D. Va. 2014) (claims under § 18.2-499 limited to conspiracies directed at injuring the business specifically)