Student’s Defamation Claims Survive Shenandoah University’s Motion to Dismiss
On July 7, 2022, the United States District Court for the Western District of Virginia, Harrisonburg Division, held that Plaintiff John Doe alleged the necessary elements of his defamation claims, denying Shenandoah University’s motion to dismiss. Doe, formerly a student in the Physician Assistant Studies Program (“PA Program” or “Program”), informed University faculty that he
- Published in Defamation
Virginia Beach City Council candidate is awarded $5 million in defamation case over Facebook posts
In the recent Virginia Beach Circuit Court case of Oliver v. Cohen, the jury sided with a public figure in finding that comments made in a Facebook group defamed her and negatively impacted her campaign. Dee Oliver, a resident of Virginia Beach, ran for city council in November of 2018. Just days before the election,
- Published in Defamation
Fourth Circuit Overturns “Exceptionally Large” Damages Award in Defamation Case
In a recent case, a jury awarded a plaintiff over $22 million in damages, but the defendant appealed. The court determined that the award was too large and not supported by the evidence. Although the Fourth Circuit upheld the decision finding that defamation existed, it determined that a new trial on damages was required, since
- Published in Litigation
Virginia Supreme Court Offers Additional Guidance on Defamation Standard
In Bryant-Shannon v. Hampton Roads Community Actions Program, Inc., the Virginia Supreme Court provided additional guidance on the requisite “sting” needed for a statement to be defamatory. The case lays out when a statement is “actionable” and provides examples of statements made in the workplace the court previously determined were not defamatory, because they didn’t
- Published in Labor & Employment
Employer May Be Liable for Defamation for Making Statements to Former Employee’s New Employer
In a recent case, the Eastern District of Virginia found an employer may be liable for defamation after making allegedly false statements to a former employee’s new employer. The employer stated the employee was fired for insubordination, was a disgruntled former employee, and might sabotage their products. The employee claimed the statements were false and
- Published in Labor & Employment
Defamation
Defamation in the Workplace
There is a growing need for employers to monitor what and how they communicate in the workplace. What seems to the employer as a fair constructive criticism can potentially open a legal claim against the business. This is especially true as related to reviews and terminations. In a recent federal Virginia case, Bates v. Strawbridge
- Published in Labor & Employment
Ask General Counsel: Everything you need to know about the Johnny Depp trial to discuss at your next summer barbecue
Published by Ask General Counsel on InsideNova, 6/7/2022 Image from Inside Nova In this edition of Ask General Counsel, we provide you an overview of the Johnny Depp / Amber Heard trial and verdict. Ask General Counsel is bi-monthly column by General Counsel, P.C., a law firm based in McLean, Virginia, representing businesses, non-profits and individuals throughout
- Published in Ask General Counsel, Defamation
Trust and Estate Litigation
Ask General Counsel: What’s ‘defamatory’ in Virginia? Johnny Depp provides guidance
Published by Ask General Counsel on InsideNova, 6/22/2021 In this edition of Ask General Counsel, Johnny Depp helps provide guidance on Virginia defamation law. Johnny Depp filed a lawsuit in Virginia against his ex-wife, Amber Heard, claiming defamation based on four statements made in Heard’s op-ed in the Washington Post in December 2018. Depp claimed
- Published in Ask General Counsel, Defamation
Protecting Your Reputation Digital and Legal Strategies 2021
Merritt Green of General Counsel, PC, and John Schultz of NetStrategies provide great insights into the problems affecting businesses with regard to defamation online. Anyone with a mobile phone and internet access can write or post something damaging about a person, business, or group on social media or any number of publishing websites. And what
- Published in Defamation, Video Webinar, Webinar-Defamation
Virginia Court Orders Defendant to Pay Fees After Deleting Evidence
In a recent case, the Fairfax County Circuit Court ordered the defendant to pay over $140,000 in costs and attorneys’ fees after deleting evidence. There, a dentist sued a fellow dentist for defamation and the defendant deleted digital data related to the defamation. The court held that the defendant engaged in “reckless” spoilation of evidence
- Published in Litigation
Johnny Depp helps to provide Guidance on What Defamatory Statements are “Actionable” in Virginia
John Depp, commonly known as “Johnny Depp,” filed suit against his ex-wife, Amber Heard, claiming defamation based on four statements made in Heard’s op-ed in the Washington Post in December 2018. The Fairfax County Circuit Court considered his defamation claims and determined which alleged defamatory statements were “actionable” providing valuable guidance. For more information on
- Published in Defamation, Litigation
It May Be Time to Update Your Workplace Social Media Policy…
The use of social media has created unique issues for employers and employees. Individuals often choose to use social media as a platform for voicing opinions and concerns, including complaints about issues in the workplace. While many employers would likely choose to just prohibit any negative comments on social media by employees, these types of
- Published in Business, Labor & Employment, News
Properly Investigating and Responding to Employee Complaints of Harassment or Discrimination
Properly Investigating and Responding to Employee Complaints of Harassment or Discrimination No employer wants to hear that an employee is alleging that he or she is the subject of harassment or discrimination. But, when it happens (and it likely will sometime), how an employer handles the situation can make the difference between resolving the
- Published in Corporate & Tax, Labor & Employment, Litigation