Tellingly, Chapman ignores Harmon in his briefing and references Devnew only in passing. Chapman does so even though this Court relied on Harmon and Devnew when dismissing the first complaint. Chapman instead relies on Pinkerton Tobacco Co. v. Melton, 437 S.E.2d 923 (Va. 1993), which declined an invitation to resolve the legal before this Court. Chapman also relies on Tymshare, Inc. v. Covell, 727 F.2d 1145 (D.C. Cir. 1984).