Legal Opinion

Smith v. Anonymous Joint Enterprise

Michigan Supreme Court

Decided July 30, 2010No. Docket 138456, 138457, and 138458PublishedCited by 24 opinions

1Opinion of the CourtWeaver, J.

In this case, we decide whether plaintiff, Derith Smith, presented clear and convincing evidence at trial to support the jury’s finding that defendants John Stanek, Donald Barrows, and Noel Flohe defamed plaintiff by mass-mailing copies of a personnel report containing false information about her. After conducting an independent review of the record, we conclude there exists clear and convincing evidence that Stanek and Barrows acted with “actual malice,” but that plaintiff has failed to meet her evidentiary burden as to Flohe.

Accordingly, we affirm the result reached by the Court of Appeals…

2Cases cited20 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  3. St. Amant v. ThompsonSupreme Court of the United States · 1968
  4. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  5. Garrison v. LouisianaSupreme Court of the United States · 1964

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3Cited by24 opinions

  1. Ghanam v. DoesMichigan Court of Appeals · 2014
  2. Lawrence v. BurdiMichigan Court of Appeals · 2016
  3. Radu v. Herndon & Herndon Investigations, Inc.Michigan Court of Appeals · 2013
  4. Hope-Jackson v. WashingtonMichigan Court of Appeals · 2015
  5. Hildebrant v. Meredith Corp.District Court, E.D. Michigan · 2014

19 more not listed; retrieve them via the Exa API.

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