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CASHION v. SMITH

Record No. 121797.

749 S.E.2d 526 (2013)

286 Va. 327

Bradley J. CASHION v. Robert S. SMITH, et al.

Supreme Court of Virginia.

October 31, 2013.

Attorney(s) appearing for the Case

Monica Taylor Monday ( E. Scott Austin ; Peter G. Irot ; James J. O'Keeffe, IV ; Gentry Locke Rakes & Moore, Roanoke, on briefs), for appellant.

Frank K. Friedman ( Agnis C. Chakravorty ; Erin B. Ashwell ; Woods Rogers, Roanoke, on brief), for appellee Carilion Medical Center.

( Paul G. Beers ; Glenn, Feldmann, Darby & Goodlatte, Roanoke, on brief), for appellee Robert S. Smith, M.D.

Present: All the Justices.

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider whether an endorsement of an order withdrew or waived issues for appeal under Code § 8.01-384(A), whether allegedly defamatory statements were non-actionable expressions of opinion or rhetorical hyperbole, and whether such statements were protected by qualified privilege.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

In November 2009, Dr. Robert Smith, a trauma surgeon, and Dr. Bradley...

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