What are the elements of a “bad faith” claim against an insurance company?

Posted Posted in Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death

If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the policy limits resulting in a judgment exceeding those policy limits then it may be liable for the excess judgment under Virginia law.   Given the risks, complexities and costs of litigation, it may be appropriate […]

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 […]

January 23, 2018 – Another Free Speech Victory

Posted Posted in Civil Rights, First Amendment, Freedom of Speech and Press, Libel & Slander, Litigation

“…I shall obey the laws of the United States of America and of the Commonwealth of Virginia, and shall support and defend their constitutions against all enemies whomsoever, foreign and domestic….” – Virginia State Police Trooper’s Pledge. Nathan Cox’s nightmare is finally over. The Virginia Supreme Court rejected the appeal petition of Trooper Melanie H. […]

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 […]

Summary of defamation, slander & libel in Virginia

Posted Posted in Libel & Slander, Negligence, Personal Injury Law

Summary of defamation, slander & libel in Virginia.   Overview:  Slander, defamation and libel are all treated the same in Virginia. Defamation is a false statement of fact published or communicated to another person that causes injury to the reputation of the subject of the statement. The false statement must be a false statement of […]