Another federal judge faced with interpreting Virginia’s insulting-words statute has found that (1) a face-to-face confrontation is not required, and (2) if the words at issue are defamatory per se, then they automatically satisfy the requirements of the statute. The case is Christen Waddle v. Aundrea Claughton, currently pending in…
In a defamation per se case, the jury will be instructed that it may presume damages and award a monetary recovery to the plaintiff even in the absence of any evidence of specific harm caused by the defamatory statements. This goes against the general rule that juries cannot award damages…
We lawyers like to write about two types of libel and slander: defamation per se, and defamation per quod. Using Latin terms makes us sound smart, we think. Unfortunately, most of us don’t know what we’re talking about. The problem isn’t that the lawyers are stupid, but that the courts use…
For an untrue statement about a person to be actionable as libel or slander, it has to be defamatory in nature. I’ve written about defamatory meaning before, but basically what this means is that the statement has to be more harmful than a mere insult; rather, it must cast a…
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…
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…
Since the Supreme Court decided the seminal Curtis Publishing case back in 1967, public figures have played an important role in U.S. defamation jurisprudence. That case held that it should be more difficult for public figures to sue for libel and slander than ordinary private citizens, because if public figures…
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…
Redouane Goulmamine, M.D., is physician based in Petersburg, Virginia, who conducts business under the name “The Petersburg Spine Center.” According to a complaint he filed in the Richmond Division of the Eastern District of Virginia federal court, he became aware that several employees of CVS Pharmacy were providing false information…
The case of AdvanFort Co. v. International Registries, Inc. involves a defamation claim brought by AdvanFort and its owners against their former attorney, maritime lawyer John Cartner, and The Maritime Executive, a maritime industry journal. According to the complaint, shortly after AdvanFort complained about getting billed over $28,000 for less…