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…
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…
Truth may be a complete defense to a defamation claim, but defending against such a claim on that basis is unlikely to get the case thrown out at the outset. If the plaintiff alleges that a statement harming his reputation is false and defamatory, asserting that the statement was substantially…
In most cases, it won’t be actionable to call for the resignation of a public official or to question that person’s ethics or professionalism. The First Amendment is intended to protect robust debate over the performance of government officials, and statements like these are generally considered to be non-actionable expressions…
If truth is a complete defense to a defamation action, what about “scientific truth”? Are scientific findings “facts” that can form the basis of a defamation action if a particular scientist contends they are inaccurate? If so, how much of a consensus is required before a matter of scientific inquiry…
When a party or an attorney files an objectively baseless defamation complaint, the trial court is required to impose sanctions on one or both of them, including but not limited to an award of attorneys’ fees. This is the main takeaway from Nestler v. Scarabelli decided a few days ago…
You may have heard that truth is a complete defense to a claim of defamation. That’s essentially true, but here in Virginia, it’s more accurate to say that a plaintiff must prove falsity as part of his case in chief. Whether a statement claimed to be defamatory is true or…
Last year I wrote a post about how it can be defamatory for an employer to misrepresent the reasons for an employee’s termination. If an employer says that an employee was fired because of reasons X, Y, and Z, the employee may have a valid defamation claim even if statements…
Statements of pure opinion are protected by the First Amendment and are not actionable as defamation. Whether an alleged defamatory statement is one of fact or opinion is a question of law to be decided by the court, not the jury. It is also for the trial judge (and not…
Defamation Law 101 teaches that expressions of opinion are protected by the First Amendment and are not actionable in court. To bring a successful defamation suit, you’ll need to prove that someone made a false statement of fact about you. If that person merely expressed his or her personal opinion,…