When local politicians sue media defendants over false and defamatory stories related to their official conduct, they need to show that the article in question was published with actual malice. That means that it’s not enough to show negligent reporting or that some of the facts in the article are…
In Virginia, when a defamation action is brought by a private individual (as opposed to a public figure), the plaintiff will usually only need to establish negligence to meet the “intent” element required to prevail in such actions. Public figures, on the other hand, need to prove the defendant acted…
You may have heard that truth is a complete defense to an action for libel or slander. This is essentially correct, but it would be more accurate to say that to win a defamation case, the plaintiff must be able to prove that the statements at issue are false. In…
As a general proposition, libel and slander liability requires a defamatory statement of fact; expressions of opinion are not actionable. Distinguishing assertions of fact from expressions of opinion, however, is not always an easy task. Factual statements are generally those that contain—expressly or impliedly—a provably false factual connotation. “Mr. Smith…
To bring a successful defamation claim in Virginia state courts, it is necessary to allege facts sufficient to demonstrate to the judge that the statement claimed to be defamatory is capable of conveying a defamatory meaning to a reasonable audience. Before a defamation claim can be presented to a jury,…
Credit reporting agencies make mistakes. Even when they’re not at fault, the credit reports they prepare often contain inaccurate information about consumers. When this happens, can the consumer sue the credit reporting agency for defamation? Well, maybe. Virginia defamation laws usually apply where false statements have been made to others…
Publication is an essential element of any defamation claim. It exists when a communication is made to a third party (i.e., someone other than the person defamed, and other than the person making the statement). This is because the essence of libel and slander is the diminution of one’s reputation…
Has an author deemed it appropriate to include your name in a list of the “Ten Most Dangerous Child Molesters” or the “Top Five Dumbasses of All Time”? According to a recent opinion authored by Judge O’Grady of the Eastern District of Virginia, if you’re claiming defamation based on an…
Most Virginia litigators probably associate the Supreme Court’s decisions in Bell Atlantic v. Twombly and Ashcroft v. Iqbal with an increased pleading burden in federal court, requiring that lawsuits allege “plausible” claims rather than just remote possibilities. In the limited context of pleading defamation claims, however, the plausibility standard applicable…
Insults are not usually deemed sufficiently harmful to give rise to a legal cause of action. The law expects people to have skin thick enough to withstand a certain amount of criticism and unpleasantness. There is, however, an “insulting words” statute in Virginia (Va. Code § 8.01-45) that prohibits insults…