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WJLA-TV v. LEVIN

Record No. 012050.

564 S.E.2d 383 (2002)

264 Va. 140

WJLA-TV, et al. v. Stephen M. LEVIN, M.D.

Supreme Court of Virginia.

June 7, 2002.

Attorney(s) appearing for the Case

Lee Levine (Michael D. Sullivan; Ashley I. Kissinger, Washington, DC; William D. Dolan, III; Jennifer L. Blackwell, McLean; David J. Branson; Alec Zacaroli; Levine, Sullivan & Koch, Washington, DC; Venable, Baetjer and Howard, McLean; Wallace, King, Marraro & Branson, Washington, DC, on brief), for appellants.

Kerrie L. Hook, Washington, DC (John B. Williams, Richmond; Michael R. McCarthy, Spotsylvania; Michael R. Shcbelskie, Richmond; Collier, Shannon, Scott, Washington, DC; Hunton & Williams, Richmond, on brief), for appellee.

The Thomas Jefferson Center for the Protection of Free Expression; The Virginia Press Association; The Reporters Committee for Freedom of the Press; The Virginia Association of Broadcasters; Media General, Inc., Landmark Communications, Inc. (Thomas E. Spahn; Thomas A. Rust; William H. Baxter, II; McGuire Woods, Richmond, on brief), amici curiae, in support of appellants.

Present: All the Justices.

Opinion by Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider various issues arising out of a judgment in favor of the plaintiff in an action alleging common law defamation and the unauthorized use of the plaintiff's image for advertising purposes in violation of Code § 8.01-40(A). Much of the evidence adduced at trial was in conflict. However, applying settled appellate principles, we review the evidence and all reasonable inferences flowing therefrom...

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