Lindsay Powell (Of Counsel-McLean, VA) and Hariton Wilson (Associate-McLean, VA) secured a significant win for our title and settlement company client in a dispute over an alleged undiscovered title defect that caused the plaintiff (re)seller to miss out on a potential subsequent sale. The plaintiff brought an action in the Campbell County Circuit Court against our client alleging claims of negligence and breach of contract, seeking $179,000 in damages plus attorney’s fees. The case was received in default approximately one year ago, necessitating the preparation and filing of expedited responsive pleadings, which were resolved in our client’s favor. Lindsay and Hariton promptly moved for leave to file a motion to produce the contract to the breach of contract count, which was granted. The plaintiff could never produce the document, leading to a subsequent motion to strike the breach of contract count. The initial demurrer argued that the negligence claim was barred under the economic loss doctrine and that the breach of contract claim did not sufficiently allege the elements of the contract. The court sustained the demurrer to negligence with prejudice, finding that the economic loss doctrine applied. The judge sustained the motion to strike the breach of contract claim in part, dismissing it without prejudice, for failure to comply with the court’s order resulting from the motion to produce the document.