Virginia Libel, Slander And Defamation Legal Questions

Hi Jennifer. I'll just make a couple of quick points since no one has responded yet. First, to answer your question most directly, the type of lawyer you need if someone is defaming your character is a lawyer with experience handling libel, slander, and defamation claims. You're already here on Lawyers.com, so you're in the right place. I also need to tell you, however, that if the source of the defamation is a "slanderous bill of particulars," your remedies are most likely limited to defending yourself in court and (hopefully) winning the case. Statements made in court proceedings are generally immune from defamation suits -- see https://www.virginiadefamationlawyer.com/2014/01/absolute-judicial-privilege-extends-outside-the-courtroom.html for a short article I wrote on this topic not long ago. So the type of lawyer you really should be looking for is one who specializes in the area of law upon which the bill of particulars is based. Best of luck to you.... Read Answer

The statute of limitations for defamation claims in Virginia is only one year, and there is no "discovery rule" that might extend the period. So if the situation is serious as you say, and the statements being made about you are factually incorrect and not just expressions of personal opinion, then the time to speak to a lawyer is now. If a year passes after the statement at issue was made, it will be too late.... Read Answer

Yes, absolutely. In Virginia, all that is required to maintain a cause of action for defamation is (a) publication (b) of an actionable statement (c) with the requisite intent. (See https://www.virginiadefamationlawyer.com/2013/02/defamation-of-character-libel-and-slander-law-in-virginia.html). If a former employer poses as a customer and posts a false review containing highly damaging statements about your business, there is a good chance that all three of those elements have been satisfied.... Read Answer

I'm not sure what your question is but we would have to look at what the agreement entailed as far as the use of his name and likeness.  If there was damage caused to his reputation he may have a valid claim for defamation.  If he has not been paid what was promised that sounds like a clear breach of contract claim.... Read Answer

If the comments that were posted are false then that is defamation per se, since it regards your son's ability to to his job.  However, if the comments were true then truth is a defense to a defamation claim.  He may or may not be able to get them to take the comments down, but he could sue for monetary damages.  Hope that helps!... Read Answer

Your employer may decide that its attorney can represent you in the matter as well, or that such representation would be a conflict of interest and that their attorney cannot represent you.  This depends on the facts of your case.  If the employer is not providing representation to you, an attorney can help guide you through the investigation process. Your employer may take action against you whether or not it believes the allegations made against you.  You may wish to consult an attorney in such a circumstance.  As for possible retaliation claims, it is unlawful to take an adverse employment action against someone for having complained about a violation of one of the federal employment laws.  Virginia has a few such retaliation statutes as well.  A harassment complaint will not become an adverse employment action unless it leads to a tangible result on your employment.  Please call us to schedule a consultation.... Read Answer

You will probably want to speak with a lawyer about this, because whether or not the Topix posts are actionable as defamation will depend on numerous factors, not the least of which is the exact words used in the post and the context in which the statements were made.  Not all "bullying" is actionable in a court of law, but some is.  Also, if you're being stalked or physically threatened, you should consider calling the police.  Sometimes they can help. NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege. ... Read Answer

If the "vicious rumors" are false, and Brother B eithers knows that they are false or should know that they are false, then Brother A and Sister likely have a valid cause of action against Brother B for slander.  These are very serious allegations Brother B is making, which can cause great harm to Brother A's and Sister's reputations, so I would suggest you sit down and speak with a defamation lawyer about your options. NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege. ... Read Answer

Based on that limited amount of information, I can tell you that you have a potential case for defamation, but you should really consult an attorney if you want a more definitive answer.  The elements of defamation are laid out here. In short, you may have a viable claim if your employer is telling others falsely that your license is suspended and/or that you are being investigated by the police.  If the statements were made in a privileged context, however, you may need to show malice or other grounds for loss of the privilege.NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege. ... Read Answer

Like many lawsuits, a defamation claim can be brought by filing a Complaint in the appropriate Circuit Court.  Depending on how much you are seeking, you may even be able to bring a claim in the General District Court, which is more user friendly and handles claims up to $25,000. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

With respect to whether you--a citizen of India--have the right to file suit against a Virginia resident, the answer is yes.  The larger issue is whether you have a viable defamation action.  That is going to depend on a number of factors, the key elements of which are laid out here.  You should consult a lawyer to determine whether the false statements amount to actionable defamation.  If so, you can bring suit in the jurisdiction where the defendant resides. NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege. ... Read Answer

The difficult thing about defamation law is that the First Amendment right to freedom of speech is very strong and it is almost impossible to get a gag order on someone.  What you can seek in these types of claims is monetary compensation for the damage incurred due to the false statements.  Ordinarily, getting slapped with a large judgment against them is going to shut most people up from making the same types of statements again.  If it does not, then you sue them again.  And again.  And you keep collecting monetary judgements against them to compensate you the injury to your reputation. Another hard part is showing the damage that was done and determining how much that is worth.  Certain types of defamation, such as those that are directly related to your ability to do your job, or that impugn a woman's sexual purity, or that falsely accuse you of a crime of moral turpitude, that is lying, cheating or stealing, are considering "defamation per se" and you don't have to show any actual damages.  It is assumed that such statements have harmed you and you can obtain a monetary judgment.  It does not answer the question of how much money you would be awarded - that would be up to the judge or jury.  The is also never any guarantee that you can collect on any judgment you receive. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

What can be done depends on what the "smear campaign" consists of.  Keep in mind that the First Amendment protects the right to express one's opinions.  What he can't do is make false statements to the public about how you run your business, in a manner that is likely to turn people away.  See my blog post for a more detailed discussion of what is required to establish defamation liability.... Read Answer

In Virginia, there is no difference between slander (oral) and libel (written); they are both treated equally, as “defamation.”  A defamatory statement is a false statement of fact which is “published” and which harms your reputation.  “Published” just means that the speaker made the statement to someone other than you.  The law will assume that your reputation was harmed by a defamatory statement about your criminal history.  This is called “defamation per se” and also applies to statements about your professional abilities.  Truth is an absolute defense to a defamation case.However, Virginia also recognizes a “qualified privilege” in certain situations.  The qualified privilege means that the plaintiff has to show that the speaker knew the statement was false or acted with reckless disregard for its truth.  Virginia also recognizes an absolute judicial privilege, meaning that virtually any statement, even if defamatory, made in the course of a legal proceeding, cannot be the basis for a defamation suit.  The question in your case is whether the judicial privilege applies.  If she made the statements about your criminal history with the intent that they go into a document to be filed in court, the judicial privilege may extend to the communication with her attorney.  It depends on the detailed facts of your case.Loss of a security clearance could potentially be an item of damages in a defamation suit.If you are concerned about your ability to pick up your grandchildren, you should consult with a family law attorney licensed in Virginia.... Read Answer

Dear Wanda:  What you're describing may or may not constitute defamation, depending on a number of factors.  I discuss the elements of defamation on my blog.  As you will see, key facts will include things like (a) what, exactly, was said, (b) whether the accusation was made to you, to a police officer, or some uninterested third party; and (c) whether the storekeeper had good cause for believing that you did, in fact, steal merchandise. NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege.... Read Answer

Ms. Hopkins:  As you point out, there is obviously more to this story.  It sounds serious enough to consult a lawyer about.  Basically, whether "vicious rumors" will constitute the basis for a defamation claim will depend on what those rumors are and whether there is any truth to them.   I wrote a brief summary of Virginia defamation law here.  As I write there, a false statement must have sufficient "sting" to carry defamatory meaning - not just any insult will suffice.  A false allegation of stealing, however, is not only defamatory, but likely consistutes defamation per se, which is the most serious form of defamation.  The vicious rumors may or may not constitute bullying.  Bullying is primarily handled on the criminal side of the court system, rather than the civil side.  More information on school bullying is available here.  I'm sorry to hear about your daughter's situation. NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege.  ... Read Answer