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…
Competing for customers by telling them a competitor is “under investigation” is surprisingly common. I hear this from prospective clients all the time. Most of the time, the accusation isn’t any more specific than that the client is under investigation for something. No one really knows what exactly, but the…
Virginia Code § 8.01-223.2, informally known as the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, provides immunity in tort for statements on matters of public concern (subject to certain exceptions not relevant here). I recently had an issue arise in a case that prompted the question of what “that would…