Mealey's (November 22, 2022, 3:44 PM EST) -- HUNTINGTON, W.Va. — In denying a roofer’s motion to dismiss a technology company’s fraud claims related to the roofer’s alleged defective repair work, a federal judge in West Virginia declined to consider the warranty document attached to the roofer’s motion to dismiss because it was not the same warranty referenced in the complaint and found that the “gist of the action” doctrine did not apply to bar the fraud claim because it was based on “expressions of intention” during negotiation of the contract....