Category: Defamation

Defamation Republication on the Internet

Posted by Tom Roberts, Esq. on December 31, 2019December 31, 2019

When is a statement “republished” on the internet or in social media, so as to constitute a new cause of action for defamation restarting the statute of limitations? A: Republication occurs when (1) the original publication was modified; or (2) the republication was directed to a new, different audience not merely though a link Read More …

Liability of websites for defamation

Posted by Tom Roberts, Esq. on October 21, 2015

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).

Posted by Tom Roberts, Esq. on December 16, 2014

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 …