General Counsel, P.C.

  • Practice Areas
    • Business Law
      • Business Breakups in Virginia
      • Minority Shareholder Protections
      • Emerging Companies
      • Entity Formation
      • Foreign Companies Entering U.S. Market
      • Real Estate and Leases
      • Starting a Business, Licensing & Compliance
      • Registered Agent Services
      • Succession Planning for Business Owners
      • Tax Law Matters
      • Charitable Solicitation Practice Group
      • Intellectual Property
        • Trade Secrets
        • Copyright
        • Trademark
    • Employment Law
      • Employment Documentation
        • Building Your Cornerstone
        • Employee Document Vault
        • Employee Handbook Tuneup Services
        • Guidelines for Hiring or Firing Employees
        • Separation Agreements
      • Drug Testing
        • Drug Testing Your Workforce – Best Practices
        • Laws Affecting Drug Testing Policies
      • Regulatory Issues
        • VA, MD, DC, Rights & Obligations
        • Age Discrimination
        • Americans with Disabilities Act
        • At-Will Employment
        • Fair Labor Standards Act
        • Family Medical Leave Act
        • Pregnancy Discrimination Act
        • Title VII
      • Non-Competition Agreements
        • District of Columbia
        • Maryland
        • Virginia
      • For Employers of Uniformed Services Members
      • Employer Considerations For Government Contractors
      • For Non-Profits
    • Family Law
      • Divorce
        • Grounds for Divorce
          • Fourth Level Menu Sample
        • High Net Divorce
        • Same Sex Divorce
        • Military Divorce
        • Uncontested Divorce
        • Litigation vs. Alternative Dispute Resolution in Divorce
        • Post-Divorce Enforcement and Appeals
        • Alimony and Spousal Support
        • Child Custody
        • Child Support
        • Filing for Divorce in Virginia
        • Divorce Security Clearance
      • Property Division
      • Alimony and Spousal Support
      • Child Support
      • Child Custody and Visitation
      • Marital Agreements
      • International Family Law
      • Domestic Violence and Protective Orders
      • Co-Parenting in Virginia
    • Government Contracts
      • Bid Protests
      • Government Contract Claims and Appeals
      • Getting Government Contracts: Small Business Certification Services
        • 8(a) Small Business
        • HUBZone Small Business
        • SDVOSB Program
        • Veteran-Owned Small Business
        • Women-Owned Small Business
    • Litigation
      • Arbitration, Mediation & Alternative Dispute Resolution Attorneys
      • Commercial & Business Litigation
      • Defamation
      • Employment Disputes
      • Government Contracting Disputes
      • Intellectual Property Disputes
      • Local Counsel
      • Pre-Litigation
    • Estate Planning
      • Estate Planning FAQs
      • Trusts
      • Wills
      • Families With Children
      • Business Succession Planning
      • Asset Protection Planning
      • Celebrity Estate Planning Mistakes
      • Legal Business Contingency Plans
      • Become a Referral Partner
  • About Us
    • Overview
    • Biographies
      • Andrew “Andy” Baxter
      • Matthew Brennan
      • Joanna Foard
      • Erika Gnazzo
      • Merritt Green
      • Elizabeth Hart
      • David Kaye
      • Craig Lawless
      • Ann-Marie Murzin
      • Evan St. John
    • How We Help
  • Resources
    • Practical Counsel Blog
    • Bid Protest Weekly
    • VetWorking
    • COVID Compliance Plans
    • Virginia COVID Workplace Safety and Health Standards
    • Video Library
    • Webinars
    • Quotes in The News
    • GCPC First Generation Law Student Scholarship
  • Testimonials
  • Contact
  • Make Payments
703.556.0411

Virginia Beach City Council candidate is awarded $5 million in defamation case over Facebook posts

Tuesday, 02 August 2022 / 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, defendant James Cohen, a local political activist, posted comments about Oliver in a popular local Facebook page with more than 9,000 members. The comments stated that Oliver had sex with a personal trainer in a hospital bathroom while the trainer was there to have heart surgery. The comments continued, suggesting that the trainer’s family was waiting in the room next door and could hear the interaction take place. In the post, Cohen also referred to Oliver as a “she-devil.”

Oliver was first made aware of these comments from a friend who saw Cohen’s post in the Facebook page. Oliver was shocked and infuriated reading the comments, as Cohen had formerly been a supporter of her candidacy for Virginia Beach City Council. Just two days after these comments were made in the Facebook group, Oliver lost the election.

At trial, Cohen alleged that he based his claims on information from Oliver’s estranged stepdaughter. Cohen never spoke with Oliver to confirm the story before posting about it in the Facebook group, despite knowing Oliver’s relationship with her stepdaughter had been strained. Oliver testified that the encounter never happened. She further spoke about the devastating impact Cohen’s comments had on her emotional state, and her reputation in the community. She claimed that the comments tarnished her good reputation and made her appear as “a woman of ill repute.”

To prove a claim for defamation in Virginia, a plaintiff must show: (1) publication; (2) of an actionable statement; (3) with the requisite intent. In addition, since Oliver was considered a “public figure,” she had to prove that Cohen posted the comments on Facebook with actual malice, which can be defined as a reckless disregard for the truth. Oliver’s attorney focused on providing clear and convincing evidence of this additional element of actual malice through private Facebook messages about the situation made by Cohen and hearing testimony from third parties at trial.

After deliberating for only two hours, the jury found that Cohen had lied and defamed Oliver and awarded her $5 million in damages. After the trial, Oliver’s attorney said that money was not the motivation for the lawsuit. Oliver initially filed suit for $10 million in damages, but her attorney stated in closing arguments that half of that amount would be sufficient to prove the point that Cohen acted recklessly and should be held liable. Oliver said she was thrilled to hear the jury’s verdict because it made a statement as to how serious the defamatory accusations were taken.

General Counsel, P.C. attorneys have extensive knowledge and experience with defamation cases throughout Virginia and the DC Metro area. If you need more guidance or information, contact General Counsel, P.C. today at 703-991-7973 or email us at info@gcpc.com.

  • Tweet

TOP ARTICLE CATEGORIES

  • BUSINESS

  • COVID-19

  • LABOR & EMPLOYMENT

  • FAMILY LAW

  • GOVERNMENT CONTRACTS

  • LITIGATION

Subscribe to Blogs and Updates

Address:

6849 Old Dominion Dr #220
McLean, VA 22101

Hours of Operation:

Mon – Fri, 8AM – 5PM

Phone Number:

+1 703-782-3266


  • HOME
  • ABOUT US
  • PRIVACY POLICY
  • DISCLAIMER
  • SITEMAP
  • CONTACT US
  • MAKE A PAYMENT

General Counsel, P.C. BBB Business Review

© 2022 General Counsel, P.C. | Website Design & Development by High Level Thinkers

TOP