This podcast is provided by Ben Glass and Steve Emmert   www.BenGlassReferrals.com - www.Virginia-Appeals.com   Granted Appeal Summary:   From the Circuit Court for Fairfax County   Granted Appeal Summary:   Assignments of Error   The trial court erred by failing to perform its gatekeeping function in the defamation claim, submitting statements to the jury that were opinion or otherwise non-actionable for defamation, including statements the trial court had previously excluded on Demurrer.   The trial court erred by providing incorrect instructions of the law to the jury on defamation that allowed the jury to find that opinion or otherwise non-actionable statements could support a defamation claim.   The trial court erred by failing to enforce its own Demurrer Order limiting the number of the allegedly defamatory statements the jury should consider, an error of law effectively expanding the scope of the case after the close of evidence and causing surprise, prejudice and a violation of due process.   The trial court erred in failing to strike or rule as a matter of law on the sufficiency of evidence regarding defamation, in light of the jury’s factual finding of conversion that proved the truth, or substantial truth, of the allegedly defamatory statements. Source Document: http://www.courts.state.va.us/courts/scv/appeals/170964.pdf