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· 10/31/2003

Kappa Sigma Fraternity, Inc. v. Kappa Sigma Fraternity

Citations

  • 587 S.E.2d 701
  • 266 Va. 455
  • 2003 Va. LEXIS 105

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that in a declaratory judgment suit, the object of the litigation controls the statute of limitations rather than the litigation’s form
  • suggesting that a declaratory judgment challenging corporate amendments is like a breach of written contract claim
  • assuming that a breach-of-fiduciary-duty claim in 1974 would have been governed by the then-five-year limitations provision in Code § 8-24, the statutory predecessor of Code § 8.01-248
  • applying the two-year statute of limitations to breaches of fiduciary duty
  • “Under this doctrine, . . . the general words will not be construed to include matters within their broadest scope[.]”
  • “If we consider the [plaintiff’s declaratory relief] claim challenging the 1974 amendments as alleging breach of a contract . . . either claim is barred by [the former statute of limitations provision for breach of contract].”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barbara Milano Keenan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.