Lakin v. Rund

• Citation: 873 N.W.2d 590 (Mem),499 Mich. 860
• Decision Date: 03 February 2016
• Docket Number: COA No. 323695.,Docket No. 151367.
• Parties: Sanford N. LAKIN and Cecilia J. Lakin, Plaintiffs–Appellees, v. Barbara RUND and St. Hugo of the Hills Catholic Church, Defendants–Appellants, and Anthony Tocco, Defendant.
• Court: Supreme Court of Michigan

499 Mich. 860

873 N.W.2d 590 (Mem)

Sanford N. LAKIN and Cecilia J. Lakin, Plaintiffs–Appellees,

v. Barbara RUND and St. Hugo of the Hills Catholic Church, Defendants–Appellants,andAnthony Tocco, Defendant.

Docket No. 151367.

COA No. 323695.

Supreme Court of Michigan.

Feb. 3, 2016.

Order

On order of the Court, the application for leave to appeal the March 26, 2015 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. The Court of Appeals shall consider (1) whether publication of an allegedly false and defamatory statement imputing to another conduct constituting the criminal offense of battery is actionable irrespective of special harm, see e.g., Mains v. Whiting, 87 Mich. 172, 180, 49 N.W. 559 (1891) ; Taylor v. Kneeland, 1 Doug 67, 72 (1843) (holding that words charging a person with a crime are not actionable per se unless the crime involves moral turpitude or would subject the person to an infamous punishment); and (2) whether the statement at issue in this case imputed to the plaintiff the criminal offense of battery.