On January 21, 2025, the Virginia Court of Appeals affirmed the dismissal of a defamation case brought by Kashyap Patel, a former official in the Trump administration, against CNN. The case is Patel v. Cable News Network, Inc. (Va. Ct. App. Jan. 21, 2025) and it provides a compelling exploration…
Defamation typically involves blatantly false statements portraying someone as criminal or morally corrupt. Yet I often encounter prospective plaintiffs who want to sue over statements that do not so clearly impugn the person’s character. Remember that not all false statements will qualify as defamatory in nature; a sufficient level of…
Truth may be a complete defense to a defamation claim, but defending against such a claim on that basis is unlikely to get the case thrown out at the outset. If the plaintiff alleges that a statement harming his reputation is false and defamatory, asserting that the statement was substantially…
Virginia-based architect Marcus Breitschmid was pretty annoyed when Swiss architect Valerio Olgiati posted on Instagram that Breitschmid had built a house that “distorted” Olgiati’s design. By making this statement to his 190,000 followers, many of whom were familiar with Breitschmid personally and/or professionally, Olgiati had essentially accused him of stealing…
Virginia’s anti-SLAPP statute offers immunity against tort claims based on statements “regarding matters of public concern.” We know generally that matters of public concern are those considered to be subjects of “legitimate news interest” such as those “relating to any matter of political, social, or other concern to the community.”…
The First Amendment mandates that religious organizations possess the exclusive authority to govern matters of ecclesiastical administration, faith, and doctrine, free from state intervention. Consequently, defamation claims arising in a faith-based setting are often dismissed at the outset for lack of subject-matter jurisdiction. Under the “ecclesiastical abstention” doctrine, courts are…
The Virginia statute of limitations for defamation claims states that “every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within one year after the cause of action accrues.” (See Va. Code § 8.01-247.1). A defamation cause of action “accrues” when the defamatory acts occurred,…
Some defamation cases are so lacking in merit that a defendant can pick and choose among multiple grounds for dismissal. Virginia’s anti-SLAPP statute, for example, is designed to provide a remedy for defendants who are sued for exercising their First Amendment rights while speaking on matters of public concern. A…
As noted previously on this blog, if an employer falsely suggests to others that an employee was fired for cause when, in truth, the employee quit the job voluntarily, the employer may be liable for defamation. Similarly, when news outlets report on the separation of public figures from their places…
In most cases, it won’t be actionable to call for the resignation of a public official or to question that person’s ethics or professionalism. The First Amendment is intended to protect robust debate over the performance of government officials, and statements like these are generally considered to be non-actionable expressions…