Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
Area of Law: | Litigation & Procedure, Personal Injury & Negligence |
Keywords: | Credit company; Defamation; Evidence of damage |
Jurisdiction: | Michigan |
Cited Cases: | None |
Cited Statutes: | None |
Date: | 10/01/2000 |
tc l3 "
The appellate court will reverse a trial court’s denial of a motion for directed verdict only if the decision was clearly erroneous. TA s "Moffit v Sederlund, 145 Mich App 1, 6; 378 NW2d 49" c 1 l "Moffit v Sederlund, 145 Mich App 1; 378 NW2d 491 (1985)"Moffit v Sederlund, 145 Mich App 1, 6; 378 NW2d 491, 495 (1985). The appellate court reviews such a decision by viewing the evidence and every reasonable inference in the light most favorable to the plaintiff, the nonmoving party. Hunt v Freeman, 217 Mich App supra at 98-99; 550 NW2d 817 (1996).
If a credit company tries to maintain that Michigan law does not recognize a cause of action for defamation involving one’s credit reputation, the elements of such an action were set forth by the Court in TA s "Michigan Microtech, Inc v Federated Publications, I" c 1 l "Michigan Microtech, Inc v Federated Publications, Inc, 187 Mich App 178; 466 NW2d 717 (1991)"TA s "Michigan Microtech, Inc v Federated Publications, I" c 1Michigan Microtech, Inc v Federated Publications, Inc, 187 Mich App 178, 182; 466 NW2d 717, 720 (1991):
In order to establish liability for defamation, a plaintiff must prove: (1) a false and defamatory statement concerning the plaintiff, (2) an unprivileged publication to a third party, (3) fault amounting to at least negligence on the part of the publisher, and (4) either actionability of the statement irrespective of special harm […]
margin-left:1.0in;margin-bottom:.0001pt;text-indent:.5in’>
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!