Kuley v. Fayez

By Judge Charles J. Maxfield

This matter came before the Court on October 3, 2014, on Defendant’s Demurrer. The Court initially entered an order sustaining the Demurrer with leave to amend. However, upon further consideration, the Court has changed its position. While Defendants have established a qualified-privilege over the statements at issue, under Larimore v. Blaylock, 259 Va. 568, 528 S.E.2d 119 (2000), the privilege can be defeated with a showing of common-law malice. The Court believes Plaintiff has pleaded such a showing. As a result, the Court’s Order of October 3 is hereby vacated.…