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SMITH v. ANONYMOUS JOINT ENTERPRISE

Docket Nos. 138456, 138457, 138458. Calendar No. 5.

793 N.W.2d 533 (2010)

487 Mich. 102

Derith SMITH, Plaintiff-Appellant, v. ANONYMOUS JOINT ENTERPRISE, George Preston, Mary Barrows, Village of Suttons Bay, and Charles Stewart, Defendants, and Donald Barrows, John Stanek, and Noel Flohe, Defendants-Appellees.

Supreme Court of Michigan.

Decided July 30, 2010.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto ), Royal Oak, and Parsons Ringsmuth PLC (by Grant W. Parsons ), Traverse City, for Derith Smith.

Garan Lucow Miller, P.C. (by Rosalind Rochkind , Detroit, and Michael J. Swogger , Traverse City), for Donald Barrows.

Collins, Einhorn, Farrell & Ulanoff, P.C. (by Deborah A. Hebert ), Southfield, for John Stanek.

Noel Flohe , in propria persona.

Butzel Long (by James E. Stewart , Leonard M. Niehoff , Ann Arbor , and Mary M. Mullin ) for Amici Curiae the Detroit News, AnnArbor.com, the Bay City Times, the Flint Journal, the Grand Rapids Press, the Jackson Citizen Patriot, the Kalamazoo Gazette, the Muskegon Chronicle, the Saginaw News, and Scripps Media, Inc.

Opinion

WEAVER, 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...

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