Defamation Republication on the Internet

Posted Posted in Defamation, First Amendment, General, Libel & Slander, Litigation

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 […]

Liability of websites for defamation

Posted Posted in Defamation, First Amendment, General, Libel & Slander, Litigation

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 […]

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 Posted in Defamation, General, Litigation, Personal Injury Law

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 […]