The Virginia Defamation Law Blog
Truthful statements are generally not actionable as defamation. A substantially true statement that is factually accurate in all material respects and that does not imply any undisclosed defamatory message is not something upon which a defamation lawsuit may be brought. Still, a defendant who asserts a truth defense needs to establish not simply that some technical aspect of the statement is true but that its defamatory sting is true. When a published statement accuses the plaintiff of intentional criminal conduct, for example, the defendant cannot defeat a defamation per se claim by pointing to a technical or arguable inaccuracy in the statement as a whole that does not establish intentional criminal conduct.
Let’s look at last week’s decision in Patricia Thurston v. BankUnited, N.A., from the Western District of Virginia. Patricia Thurston owned residential real property in Roanoke County, which she sold in January 2024. Pike Title and Escrow, LLC, handled the closing and prepared a settlement statement showing that Thurston was to receive $66,484.74 in sale proceeds. Thurston provided wiring instructions for her Truist Bank account, and Pike Title transmitted those instructions to BankUnited, N.A., the bank that held Pike Title’s escrow account. On January 12, 2024, BankUnited wired the funds to Thurston’s account without incident, and the transaction initially appeared complete and proper. At the time of closing, a prior deed of trust on the property had been paid in full; Pike Title prepared a Certificate of Satisfaction reflecting that payoff and recorded it shortly thereafter, having charged Thurston a recording fee for that purpose.