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Virginia Libel & Slander Questions & Answers
1 Answer | Asked in Car Accidents, Libel & Slander and Workers' Compensation for Virginia on
Q: Can an car accident defense attorney subpoena previous/future jobs for medical records? Can the employers refuse?

I was struck by an angry Road rager on January 31st 2020. Of course the road ranger lied in court and pretended that we were both at fault. So the judge, confused, dismiss the case. I appealed, have no attorney, and now we are headed to trial soon. Ironically enough, when I finally found another... Read more »

Tim Akpinar
Tim Akpinar
answered on May 25, 2022

A Virginia attorney is going to need to advise here, but your post remains open for two weeks. Making the call you are describing is often not a simple thing. Although you contend that the incidents are separate, and they well may be, defense attorneys will typically summon medical records on the... Read more »

1 Answer | Asked in Employment Law, Education Law and Libel & Slander for Virginia on
Q: My spouse has been accused (verbal and In Writing) of “forcing subordinates” to falsify documents (student grades).

Additionally, her employer (for profit college) has been accused of violating Virginia Board of Nursing practices. The institution is being represented, and tell my spouse “not to worry, they represent her too”…I am afraid she will be made scapegoat. Do I need an employment or defamation attorney?

Steven Krieger
Steven Krieger
answered on May 11, 2022

You may need both, but it depends on the allegations in the complaint and if she's a named party. If not, and she simply wants to sue for the defamation, then you only need a defamation lawyer. I don't think the company's lawyer could properly represent her as well. I'm sure... Read more »

1 Answer | Asked in Libel & Slander for Virginia on
Q: What are the chances of contunued targeted harassment on social media that includes defamation and doxxing lawsuit?

They used the person's real name each time they go on social media to harass her. They also claim she committed a crime that has not been proven by evidence.

Steven Krieger
Steven Krieger
answered on Mar 6, 2022

If you're asking about chances of stopping online harassment, it's possible, but you'd likely ned to reach out to the platform or social media company for assistance. If statements were made that are defamatory, then you could bring a a lawsuit for the defamation. I'm sure... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Libel & Slander for Virginia on
Q: After living & caring for mom in her home for 11yrs,mom's moved to care facility.Sis,sole trustee,wants me (age 71) out

Sis said in writing I could stay till Apr 1. Feb 28 got 30 Day Notice to Quit that said I was staying without permission. Clearly a lie. Any consequences for her lying to obtain notice? On Feb 1, Sis said I would be responsible for a number of bills as of that date including utilities. She... Read more »

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2022

I don't think there is much of anything a lawyer can do without getting involved in the situation and learning the personalities and the history. There are plainly things you can do, but many of them involve putting up a defense. At 71 and living with your mother, you may not have the... Read more »

1 Answer | Asked in Libel & Slander for Virginia on
Q: Can I sue a reporter or television station for slander?

I was a victim of slander on a national news television program by falsely being labeled as a member of a hate group. Due to this rhetoric, I’m fearful that my family and I may be targeted and im also concerned for the potential affects this may cause with my place of employment. *Possibly class... Read more »

Steven Krieger
Steven Krieger
answered on Jan 14, 2021

Possibly. The media has more protection as it relates to defamation than a private individual, but if you could prove the statement was said with malice then you'd have a claim. This probably wouldn't be a class action type case, unfortunately. I'm sure anyone who responds would be... Read more »

1 Answer | Asked in Libel & Slander for Virginia on
Q: Can I sue for defamation?

A coworker has falsely accused me of having sexual relations with a married coworker at work. This coworker went to administration and told human relations. These accusations are false.

Steven Krieger
Steven Krieger
answered on Sep 17, 2020

Yes. You need to find out what was said specifically to HR, but if it's as black and white as you described, then I think you would have a viable. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Libel & Slander and Personal Injury for Virginia on
Q: If a person said to me via text that they would Crack my jaw should I take this as a serious threat?

I have filed a police report and they said I could see the magistrate to press charges. I did take the threat seriously and it has cause me much anxiety and fear. Should I press charges?

F. Paul Maloof
F. Paul Maloof
answered on Aug 10, 2020

I regret that I do not handle personal injury or criminal law matters. Sorry.

2 Answers | Asked in Libel & Slander, Personal Injury and Real Estate Law for Virginia on
Q: What signage is required for an HOA to have your car towed?
Steven Krieger
Steven Krieger
answered on Jul 29, 2020

Possibly none. It depends on what the bylaws say, where the vehicle was parked, and if you're an owner, resident, or guest. Good luck.

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1 Answer | Asked in Divorce, Family Law and Libel & Slander for Virginia on
Q: My parents are going through a divorce and my mom is making false financial abuse claims against my father.

No

Steven Krieger
Steven Krieger
answered on Jun 30, 2020

You have no responsibility to do anything. While your parents divorce certainly impacts you, you do not have any legal responsibility to do anything or be involved. If you WANT to be involved that's a different story and you could be involved as much or as little as you feel comfortable with,... Read more »

1 Answer | Asked in Libel & Slander and Copyright for Virginia on
Q: If I write a historical fiction book on ancient religious sects could I be sued for slander or defamation?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 19, 2020

Yes

Obviously it will depend on what you say

Your defense is the truth, so if you get sued you can just show that all you wrote was truthful or the consensus of experts

If they are a large very public organization, they have more barriers to jump through to succeed in a...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Libel & Slander for Virginia on
Q: Nat. company’s website refers to a hired person’s “bio” & includes false claim of starting event that’s yours. Sue comp?

Their is the local branch that the person was hired but the person works all over the country with the large nat. company. It is still active on the website. I know they scrubbed social media for everything/ anything when he hired, but the liar wrote this bit and they missed it. Can I file a cease... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Feb 16, 2020

Many of the answers to your questions depend on the particular facts that are involved in your case. You should definitely confer with a lawyer and get a formal opinion.

1 Answer | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: my husband is dying of cancer, someone hacked his flip-phone and sent an ugly message to a life long friend of his,

my husband is blind because of the cancer he did not send it. what can i do legally to the person who did this or find out who did send it pretrending to be my husband

F. Paul Maloof
F. Paul Maloof
answered on Feb 5, 2020

I think your best procedure is to go to the police where you live and file a criminal complaint.

1 Answer | Asked in Libel & Slander, Animal / Dog Law, Civil Litigation and Civil Rights for Virginia on
Q: My ex is filing a damaged property claim against me. If I haven't done anything wrong, how can I defend myself?

If my ex has threatened taking me to court before and never did anything. My ex also stated in a phone call "you just made your life harder for you"... Can I sue for emotional harassment?

My ex is also in possession of my cat (which I pay monthly vet bills for) can I 1) get... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Feb 1, 2019

Rather than suing for emotional harassment, which may require your physiatrist's testimony to prove your claim, you would be better served to go to the Court and apply for a "protective order" based on harassment.

I do not handle domestic cases, especially with regard to cats. Sorry.

Q: I want to go back to work after this workers comp injury is healed. I hired an attorney. Was I wrong for doing that?
Daniel P Leavitt
Daniel P Leavitt
answered on Oct 26, 2018

Your attorney should be able to guide you through this process and advise you. Good luck.

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1 Answer | Asked in Criminal Law and Libel & Slander for Virginia on
Q: If my husband babymother (child he had iutside our marriage) is always talking bad about me /our kids what do we do?

If my husband babymother (child he had iutside our marriage) is always talking bad about me in emails to my husband (for ex: she would call me b*tches and etc when all he would do is ask her how son doing or address an issue that son told us about her and her boyfriend hitting him (only 3 years... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 15, 2018

I don't actually see a question here just a statement. I would recommend you document everything and keep your cool but document everything the best way you can and if they break the law or threaten you, you can contact law enforcement. If you have a question regarding custody rights, etc,... Read more »

1 Answer | Asked in Contracts, Estate Planning, Libel & Slander and Probate for Virginia on
Q: My mother died and left my only sibling, a "deed of trust" which reduced me to 1/3 of estate. How can I contest this?

My sister has negatively interfered with my relationships with my mother and father for years. She lives in the same town as they do (did, in my mother's case), and I live 7,000 miles away. I traveled to Virginia to be with my mother last December during her last days on Earth in a hospice.... Read more »

Richard Sternberg
Richard Sternberg
answered on May 4, 2018

It certainly sounds like you need a lawyer. What I don't read in your story is a question. Let me infer that you are asking how to find a good estate litigator. I suggest you visit Avvo.com. Navigate to Find a Lawyer. Type in the county where your mother resided at time of death. Type in... Read more »

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
PREMIUM
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... Read more »

2 Answers | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: Can I be liable for what others state on Facebook if I'm a administrator or moderator of a group?

Have a civil case in VA where a person is trying to sue me for what others are stating on a Facebook Page. I'm one of the administrators of the page, however, I don't really monitor the page much. I understand the basics of libel, however if someone people are stating things that might be... Read more »

Timothy R Johnson
Timothy R Johnson
answered on Apr 9, 2018

Generally...no. If you did absolutely nothing else to "re-publish" the statement, then there's almost no possible way that the plaintiff can allege you engaged in any wrongdoing. It would only be wrong if you know that information posted is wrong, and defamatory (impugns on the... Read more »

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1 Answer | Asked in Civil Litigation, Employment Law and Libel & Slander for Virginia on
Q: I know Va is an at will state, but I was just fired without warning based on false information.

I know Va is an at will state, but I was just fired without warning based on false information about me provided by our executive director to our CEO. Nothing was done by either to determine the truthfulness of the information-nor was I even asked about the situation. I was just called in the phone... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Feb 16, 2018

You certainly can file a lawsuit but you have the burden of proof so get your evidence and witnesses together since those will be required to support your claims.

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
PREMIUM
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... Read more »

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