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Defamation case dismissed; Court holds statute of limitations ran even if victim never discovered claim

Enforcing two of the anti-victim changes in Michigan law proclaimed by the Republican majority of the Michigan Supreme Court, the Court of Appeals affirmed the dismissal of the victim's defamation claim in McCormick v. Richard.  The plaintiff alleged that the defendant defamed her by accusing her of forging a real estate document.  She argued that she did not learn of the defamatory comment within the normal one-year limitation period on suit, and therefore the statute of limitations should have been tolled by her lack of knowledge of the disparaging statement, as well a by the Defendant's statement's "continuing wrong."

The Court of Appeals pointed out that the Supreme Court has issued an edict holding that the "continuing wrong" theory tolling the statute of limitations "has no continued place in the jurisprudence of this state."  It further confirmed that common law discovery-tolling avoidance of the statute of limitations has generally been eliminated, and would apply only if the Defendant concealed his or her wrong-doing by fraud.

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