Category: Defamation

Liability of websites for defamation

QUESTION: Can you obtain a judgment or an injunction against an interactive computer service obtaining damages or enjoining it to remove defamatory statements from its website?   SHORT ANSWER: NO not if the website is merely an interactive computer service providing a platform for third parties to post information and statements.   Analysis:   Congress Read More …

Discovery Deposition Testimony may not be used as a basis for summary judgment or a motion to strike in Virginia (except for some punitive claims).

Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a motion to strike the evidence? Answer: No.  Unless the parties agree, Virginia Code § 8.01-420 specifically excludes such use, except for claims of punitive damages in cases that do not involve operation of a motor Read More …