James P. Wheeler and Sheila N. Wheeler v. A. David Laudani

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “malicious” means “in conscious disregard of one’s duties or without just cause or excuse; it does not require ill-will or specific intent to do harm”
• considering jury instructions to determine what the verdict required the jury to find
• reversing preclusive effect of libel judgment because it was imposed based on debtor’s “knowledge of [a statement’s] falsity or [] reckless disregard of whether [the statement] was false” when the latter conduct did not rise to the level of “willful and malicious injury”
• “In an action for libel involving a public figure, ... Michigan courts follow the definition of ‘actual malice’ set forth in New York Times....”
• “‘Malicious’ means in conscious disregard of one’s duties or without just cause or excuse; it does not require ill-will or specific intent to do harm.”
• the debtor must “know[] the published statements were false” because “[m]ere reckless disregard for the truth or falsity of the statement, which can support a libel verdict, is not a willful and malicious injury” under § 523(a)(6)

Source: CourtListener parenthetical corpus (CC0).