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…
When I wrote about the elements of defamation back in 2013, I noted that one of the requirements for a successful defamation action is that the statement at issue be “defamatory in nature.” In other words, to be actionable, that statement must convey a defamatory meaning to the reader or…
In an opinion published earlier this week by a federal court in Alexandria, the court analyzed a defamation claim brought by a sales representative against her former employer, manufacturer of the Mammotome breast biopsy system. Her former supervisor, after terminating her employment, had met with her largest customer to introduce…
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…
They say a picture is worth a thousand words. They also say the camera doesn’t lie. Remember, though, that photographs and videos can be altered in a variety of different ways, and when the alteration conveys a false and defamatory impression, the manipulated images can be actionable in a court…
When U.S. News asked me last year to comment on Phi Kappa Psi’s plans for a defamation lawsuit against Rolling Stone, I responded that one of the first obstacles the fraternity would have to overcome would be to persuade the court that the article was “of and concerning” PKP as…