Owens v. DRS Automotive Fantomworks, Inc.

By Judge Charles E. Poston

This action is before the Court upon the Plaintiffs’ demurrer to the Defendants’ amended counterclaim. Having considered the written submissions filed by both parties, the Court will sustain the demurrer.

Introduction

An action for defamation is subject to a heightened pleading requirement under which the claim must be based on assertions of fact rather than opinion. See, e.g., Fuste v. Riverside Healthcare Ass’n, 265 Va. 127, 575 S.E.2d 858 (2003). The plaintiff’s pleading must include the exact defamatory words or phrases used by the defendant in order to provide an…