United States Sixth Circuit

In a breach of contract and defamation action brought by a company against a financial publisher that analyzed and rated plaintiff, summary judgment to defendant on both claims is affirmed where: 1) the defamation claim was properly dismissed as plaintiff failed to produce sufficient evidence of actual malice; 2) defendant's credit ratings could not form the basis for a defamation claim; 3) the actual-malice standard also applies to the breach of contract claim at issue; and 4) plaintiff cannot establish actual malice for such claim.

Appellate Information

• Decided 08/23/2007
• Published 08/23/2007

Judges

• Before:  BATCHELDER, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary Massaron Ross, Plunkett & Cooney, Detroit, Michigan, for Appellant.  James J. Coster, Joshua M. Rubins, Satterlee, Stephens, Burke & Burke, New York, New York, for Appellee. ON BRIEF:  Mary Massaron Ross, Plunkett & Cooney, Detroit, Michigan, for Appellant.  James J. Coster, Joshua M. Rubins, Satterlee, Stephens, Burke & Burke, New York, New York, for Appellee.