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…
Defamation law in Virginia and Washington, D.C. is identical in most material respects. Choice-of-law principles usually won’t make much of a difference to the outcome of a defamation case. Both Virginia and D.C. follow the general principles of defamation law that are recognized throughout the United States. There are, however,…
When filing a defamation lawsuit against an individual, you need to select a court that has personal jurisdiction over the defendant. A Virginia court doesn’t necessarily have the authority to adjudicate a case against a resident of another state with no connections to Virginia. To determine whether a court has…
Suppose you live in Virginia and have been defamed on Facebook or Twitter by someone who lives in another state on the other side of the country. Can you file a lawsuit in Virginia, or do you have to sue in the state of the defendant’s residence? Many have tried…
Just last week I wrote about a Virginia state-court case that dealt with the issue of whether sending electronic data through a Virginia server (which often happens when defamation is posted online) could satisfy the “minimum contacts” test needed to establish personal jurisdiction. Two days after I posted that article,…
In cases of Internet defamation, the issue of personal jurisdiction comes up a lot. “Personal jurisdiction” refers to a court’s authority to make rulings that affect a person. This isn’t an issue when two Virginia residents are in litigation with each other, as state courts have the power to enter…
The First Amendment dictates that religious organizations are entitled to decide matters of church governance, faith and doctrine without state interference. Accordingly, as a general rule, courts may not hear disputes involving religious law, principle, doctrine, discipline, custom or administration. In what has come to be known as the “ecclesiastical…
Carlos Henriquez and his wife traveled from their home in Georgia to Colombia to seek infertility treatments. They eventually contracted with a surrogate mother who gave birth to twins. A custody dispute arose between the Henriquezes and the surrogate, and a Colombian court awarded custody to the Henriquezes. A Colombian…