Contractor’s Beware – Careful What You Say: It May Be Actionable Defamation

By Neil Lowenstein

The Virginia Supreme Court recently held that a contractor could sue a competitor for defamation for asserting to the plaintiff contractor's client that the plaintiff contractor told the competitor he was going to "screw" the client. The lower court had dismissed the defamation claim, concluding that competitor's statements were opinion. The Virginia Supreme Court reversed, holding that under the specific facts the competitor's statement was one of fact, not mere opinion. The case is Tharpe v. J. Harman Saunders, No. 120985, Feb. 28, 2013. Bottom-line: be careful what you say about your competitors; it just might be actionable defamation.

View more from Virginia Construction Law News and Notes.

DISCLAIMERS

The information in this blog is for general information about the topics discussed only; it is not legal advice and is not intended (nor should it be construed) to suggest any similar outcomes in any other cases. Individual case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case. No exchange of information associated with this blog in any way establishes (nor shall it be construed to establish) an attorney-client relationship.

For more information about LexisNexis products and solutions, connect with us through our corporate site.