Few workplace experiences are more demoralizing than being unfairly blamed by a superior for a mistake that was not one’s own, particularly when the error in fact originated with the supervisor. The injustice becomes especially acute when the supervisor or the employer has ready access to the media and the…
Among the types of statements protected from defamation claims by an absolute privilege are statements made in connection with the proceedings of bodies creating legislation. Earlier today, the Supreme Court of Virginia issued an opinion in Brooks-Buck v. Wahlstrom in which it offered some clarification regarding the scope of this…
When an individual is publicly accused of misconduct, reporting on the existence of such allegations—without more—does not necessarily give rise to a claim for defamation. This principle is not just a matter of common sense; it is a well-established rule in Virginia defamation law, where courts require that allegedly defamatory…
In Virginia, citizens enjoy a qualified privilege to report suspected crimes to law enforcement. But what happens when such a report turns out to be wrong—or even wildly untrue? Can the accused sue for defamation? The answer, as highlighted by two recent decisions from the Virginia Court of Appeals, depends…
Virginia state courts have made it abundantly clear: if you’re going to sue someone for defamation, you’d better know exactly what they said—and be able to plead those words with precision at the outset of the case, without the benefit of the discovery process. In Bennett v. Lundh, a June…
Defamation liability isn’t limited to false statements made in direct and unequivocal terms; liability may also arise out of statements made by inference, implication, or insinuation. If a jury verdict is based on a statement of opinion (which might happen if the trial court erroneously overrules a demurrer), the verdict…
One of the main goals of the Bankruptcy Code is to give honest debtors a chance to start over financially. But to strike a fair balance between helping debtors and protecting creditors’ rights to collect what they’re owed, the Code makes clear that some debts can’t be wiped out—especially when…
To be actionable in Virginia, statements alleged to be defamatory must satisfy the “of and concerning” test: the statement at issue must expressly or impliedly refer to the plaintiff, in a manner clear enough to communicate that reference to others who know the plaintiff and understand the context of the…
As a plaintiff in a defamation action, you’ll usually want to frame your claim as one involving defamation per se, a classification that would obviate the need to prove the specifc amount of damages you suffered that were directly attributable to being defamed. The Virginia Supreme Court has held that…
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…