False police reports are privileged against defamation claims. But the precise nature of that privilege is not always clear. Is it a qualified privilege, subject to being lost through abuse or bad faith, or is it an absolute immunity that insulates all statements to police against defamation claims no matter the…
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…
If a statement claimed to be defamatory is substantially true (even if partially inaccurate), Virginia courts will generally not allow offended parties to bring defamation actions based on the minor inaccuracies. If the damaging aspect of the statement–the part that tends to affect one’s reputation–is substantially true, small factual errors…
As a small-business owner, can you sue for defamation personally if someone makes a false and damaging statement about your business? The answer will depend to a large degree on the size of your company and the extent to which the public views you and your company as one and…
Hypersensitivity is not a desirable personality trait if you are a plaintiff in a defamation case. If you’re the type of person who tends to jump to conclusions about an author’s intent when reading certain statements made about you on social media, you should think twice (and consult with a…
As I have discussed on this blog before on several occasions, a literally true statement can give rise to a defamation claim if a reasonable listener would infer a defamatory message from the words (and images) used, even if the words themselves do not convey that defamatory meaning directly. If…
The statute of limitations for defamation actions in Virginia is one year. This means that if somebody libels you on the Internet, you have just one year from the date of the defamatory post in which to file a lawsuit. A question I get asked a lot is, “what if…
When suing for libel or slander in Virginia, it helps if you can make out a claim for that form of defamation known as defamation per se. If the judge agrees that your claim qualifies, he or she will instruct the jury to presume general damages and authorize it to…
Clever defamation lawyers seem to have developed a new technique for bringing lawsuits against the rich and powerful. Step One: Announce to the world that a public figure has mistreated you in some way. Step Two: Wait for the public figure to issue a statement disputing your story and proclaiming…
With all the hand-wringing over fake news these days, many are wondering whether it isn’t actionable libel to publish false news accounts. Take “Pizzagate,” for example. Shortly before the election, rumors began circulating on the Internet that Hillary Clinton and her former campaign manager, John Podesta, were running a child…