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No. 126451
| Kenneth Mitan, |
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Keith J. Mitan |
Plaintiff-Appellee,
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vs (
Ingham - Collette, W.) |
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| Maura Campbell, |
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Patrick J. O'Brien |
Defendant-Appellant. |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief in Response>>
Defendant-Appellant's Application for Leave to Appeal>>
Background
Maura Campbell, the Public Relations Director for the Department of Consumer and Industry Services (CIS), was interviewed by a television reporter for WXYZ-TV on February 22, 2000. The interview concerned wage and hour claims being made by Kenneth Mitan's employees. Campbell made the following statement about Mitan during the interview: "Unfortunately, we've got a guy who has figured out all the loopholes, all the ways that he can appeal, all the ways that he can stay off having to pay his penalties. He's just a bad egg." The interview was broadcast on February 25, 2000, and Mitan sued for defamation on February 26, 2001. Campbell filed a motion to dismiss, arguing that defamation actions must be brought within one year, and that Mitan's action was filed more than one year after the interview occurred. The trial court granted the motion, holding that Campbell 's statements were published on the date of the interview, and that the statute of limitations began running on that date. The Court of Appeals reversed. It held that an issue of fact exists whether the republication of the allegedly defamatory statements in the February 25, 2000, broadcast was the natural and probable result of the original publication during the interview. If the republication of Campbell 's statements was the natural and probable result of the interview, said the appellate court, the statue of limitations did not run until a year after the statements were republished. Campbell seeks leave to appeal to the Supreme Court.
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