Virginia’s anti-SLAPP statute has received a lot of flak for supposedly not being strong enough to deter frivolous defamation actions designed to chill the exercise of First Amendment rights. A case decided last week down in Roanoke, however, demonstrates that just because fee awards are discretionary does not mean that…
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…
The jury trial in the libel and slander case of Dominion Voting Systems v. Fox News Network is now less than two weeks away. The consensus among defamation law experts seems to be that the “big issue” in this case is whether Fox acted with “actual malice,” a requirement established…
If you’ve been falsely accused of violating a law or breaking a rule, whether that false accusation can be deemed defamatory will depend on which rule you are alleged to have broken. Did someone say that they saw you jaywalk across a busy intersection? That may be false, but let’s…
It’s never a good idea to slander another person, but in some circumstances a privilege may apply to a defamatory statement that exempts the statement from any libel or slander claims. Statements made on the witness stand in a legal proceeding, for example, are immune from defamation claims (even if…
Defamation law in Virginia and Washington, D.C. is identical in most material respects. Choice-of-law principles usually won’t make much of a difference to the outcome of a defamation case. Both Virginia and D.C. follow the general principles of defamation law that are recognized throughout the United States. There are, however,…
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…
When relationships go bad, it’s not uncommon for one of the parties to seek to embarrass or harm the other by “exposing” the person for the horrible human being that he or she is. I see this most often in the form of revenge porn, social media bullying campaigns, and…
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…
The Depp v. Heard defamation trial in Virginia isn’t over yet, but everyone seems to have already picked a side. Whether you’re one of the 7.5 billion people viewing #justiceforjohnnydepp on TikTok or one of the 26 million checking out #justiceforamberheard, chances are that if you’re interested in the case,…