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Questions Answered by Lee E. Berlik

1 Answer | Asked in Libel & Slander for Virginia on

Q: I was asked to take down my review because it was libelous, but I only spoke the truth to warn others, what should I do?

I posted a bad review on Zillow about a property manager. I listed my facts about why I thing she is not someone I would recommend. Everything I mentioned was true. My username was some randomly generated username as well. But I received an email from her saying I have 24 hours to take it down... Read more »

Lee E. Berlik answered on Apr 24, 2018

You can find a quick summary of Virginia defamation law at https://www.virginiadefamationlawyer.com/2013/02/defamation-of-character-libel-and-slander-law-in-virginia.html. You'll see that falsity is a required element of any defamation claim. This means that if, as you say, everything you wrote was... Read more »

1 Answer | Asked in Libel & Slander for Virginia on

Q: My ex-girlfriend is posting horrible false stories about me on social media.

She knows they are untrue, but she does it anyway. Even if I get Facebook to take them down, can I still sue her for libel?

Lee E. Berlik answered on Feb 5, 2018

If you have a valid libel case, then yes, you can still sue her regardless of whether Facebook takes the posts down. The only effect Facebook's actions would have on your libel claim is that your damages (i.e., the harm caused by the defamatory posts) would be reduced due to the shorter time the... Read more »

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