best drug rehabilitation v jeffrey ray client

7/27/2019 Best Drug Rehabilitation v Jeffrey Ray Client

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF KENTBEST DRUG REHABILITATION, INC., aNevada corporation,

v

Ohio,

MICHAEL J. TOTHPHILLIP B. SLOT

Plaintiff,

a resident of

Defendant.(P36310)(P72960)

Kreis, Enderle, Hudgins & Borsos, P.C.Attorneys for Plaintiff40 Pearl Street NW, 51" FloorGrand Rapids, Ml 49503(616) 254-8400

Case No. 13-01094-NZHan. Dennis B. Leiber

JEFFREY P. RAY (P31098)Jeffrey P. Ray, P. C.Attorneys fo r Defendant2500 Lake Lansing Road, Suite ALansing, Ml 48912(517) 372-5700

DEFENDANT'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY DISPOSITIONI. Background and Factual Summary

Plaintiff filed a complaint on February 1, 2013 for alleged defamation per se regardingan internet posting on the website ripoffreport.com. The statement (Exhibit A) cited in thecomplaint does not have an actual name attached to the posting, and the poster has signedtheir name as simply "Marie." In total, Plaintiff has filed seven lawsuits against anonymousposters to the website ripoffreport.com. All seven lawsuits were filed in Kent County during themonth of February 2013.

The statement, if made by Defendant, is protected speech. Furthermore thestatements, if false, are not defamatory because they are clearly opinionated reviews and aplea fo r help. Strict liability does not exist for defamation cases and the statements, if made,were not made with actual malice or reckless disregard for the facts. Pursuant to MCR 2.116

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(C) (8) and (10) Plaintiff has failed to state a claim upon which relief can be granted and thisfrivolous lawsuit is an attempt to quiet public discourse with regards to Plaintiff's businesspractices.

This lawsuit is also a means to harass Defendant, who resides in another state and doesnot have the means to appear in this court to defend her alleged actions. Plaintiff has filed itssuit in Kent County, even though Best Drug Rehabilitation (BDR) is a Nevada corporation with afacility in Manistee, Michigan. Defendant- resides in Ohio. Plaint iff claims since theinformation was accessible in Kent County, this court should therefore have jurisdiction simplybecause it was broadcast there.

A. RipOffReport.com

The website Ripoff Report, where the statements were posted, is a site where anyperson can post reviews of a business anonymously. Ripoff claims to have never taken down areview and they are owned by consumer activist Ed Madgeson. Madgeson's company is for-profit and he has won several lawsuits in the past, using the Communications Decency Act toshow that third parties who publish information are not responsible fo r its content. Filing suitdirectly against the Ripoff Report has been proven unfruitful. Madgeson's site offersarbitration services for companies who wish to remove content, bu t there are no guaranteesthat a retraction or modification will be awarded.

B. Ripoff Report and Google 'M

Plaintiff's lawsuit is nothing more than an attempt to remove negative public opinionfrom Google 'M search engines. Doing a search fo r "Best Drug Rehabilitation Manistee" resultsin the Ripoff Report postings displayed in the top results. (Exhibit B.)

There are some allegations by business owners that Ripoff Report has had nefariousbehavior in regards to getting reviews in the stop search results. Ripoff Report denies suchaccusations, claiming that their site is very active resulting in a higher ranking. Regardless, a

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whole industry has erupted for how to "remove" reviews which have been posted on RipoffReports. It is likely that Plaintiff has visited a website similar tohttp:/!searchengineland.com/how-to-remove-ripoff-reports-from-google-not-just-bury-them-65173. The website states:

'There is a far lesser-known option that I have found that works wonders (which isprobably why Ripoff Report makes no mention of it on their site). You may not be ableto ge t the damning listing removed from Ripoff Report, but in my experience,you can ge t it removed from Google, which is almost just as good.Here's what you need to do, in three steps:First, file a lawsuit against the original author of the report for defamation, businessdisparagement, false light, or any other claim that is legally appropriate. The big pointhere is that you have to prove your case in a court of law - you have the burden toprove the report made about you is false.Be honest with yourself here (otherwise, you're just wasting time and money). If thereport about you is true (or if you can't prove your case), you do not have a valid claimfor defamation, and this option will not work for you. Again, th e key here is beingable to prove your case in a court of law. If you can't do that, game over. You're stuckwith one of the other options above.Also, you should only sue the author of th e report-do not sue Google. Your lawsuitwill cost a fortune (Google has plenty of good lawyers), fail very quickly, and you willonly serve to anger the one company that can help you the most.Second, obtain a court order declaring the offending report to be false anddefamatory (this of course assumes you win your case). The specific content of thisorder can take various forms, but you should make sure to seek an order that refers tothe offending report specifically.Third, pre,ent the Lour! order to Google.In my experience, Google will honor the court order and completely remove theoffending webpage from its search index."

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Ultimately, Plaintiff is not interested in removing the report itself. Plaintiff seems solely

interested in obtaining injunctive relief against Defendant and sending the (Order) to Google '"itself, and having any and all reviews from Ripoff Report de-indexed. Should BDR succeed, aperson doing a search for "Best Drug Rehabilitation Manistee" would not see any of thenegative posts on Ripoff in the search results. In essence, if the reviews disappear fromGoogle'" they will cease to exist.

C. Scientology-Related Rehabs & the Internet

Given that the owners of these rehabs often own lOO's of website domains, their focalmarketing strategy seems to be finding people searching for drug addiction treatment onGoogle '" . A search for "meth addiction withdrawal," for instance, would take a person to awebsite similar to drugfreeworld.org or recoveryconnection.org within the top 5 results. Theseare generic sites which list textbook information on the stages of various drugs, a digitalpamphlet of sorts. At the top is listed a 1-800 number which individuals can call and poses as aseemingly nonprofit informational hotline. This number is, in fact, a link to Narconon orNarconon affiliates. Instead of a non-profit volunteer, the unknowing caller talks to aNarconon-staff or contracted salesperson who pitches placing a person in one of theirexpensive rehabs around the country.

Narconon is a drug rehabilitation program based solely on the teachings of L. RonHubbard and Scientology. The Church of Scientology's website claims that Narconon's successrate "is not merely the world's highest, it is four times better than international averages."(Exhibit C) The program is not accepted by mainstream science, and is based on L. RonHubbard's "purification rundown" where participants undergo sauna, vitamin regimens andtraining routines. They tout 70% success rates, even though such claims are unfounded, andtheir practices have been seen as nothing more than a scheme to prey upon patients and theirfamilies when they are most in need and charge their insurance companies until the coverageruns out. It is often a standard practice for individuals to sign a Power of Attorney along with

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their admittance documents so that when charges to insurance are stalled, someone whoworks in the facility can contact the insurance company to get such charges reinstated.

Numerous lawsuits have erupted around the country, and as a result the newestfacilities leave ou t the Narconon name to disassociate themselves from liability. Each facilitystates that there are techniques used from L. Ron Hubbard, but they do not disclose that thecontent is derived from teachings used and associated with the Church of Scientology. Aparticularly sinister aspect of these facilities is that they rely on an addict's history of no t beingtrustworthy. When addicts call home to complain about the fraud, their families find thestories hard to believe and fail to take action until significant funds have been spent.

Utilizing the Internet is an important recruitment tool for these rehab facilities. To getwebsites listed in the top results, Narconon and its affiliates utilize Search Engine Optimization(SEO) companies. SEO's can help a company's online marketing strategy through the use ofincreasing the recognition of certain keywords- resulting in the company's website displayed inthe top results. This is not the paid results listed at the very top of a Google oM search (also atechnique used by Narconon affiliates) but the organic or "natural" results which are listed justbelow.

Google'" search results are incredibly important, and having negative reviews result in atop search result is catastrophic for such a business model . The newest Narconon-style rehabsuse generic names and common terms so as to have many "hits." "A Forever Recovery,""Tranquility Detox" and "Best Drug Rehabilition", all facilities commonly owned in this state,incorporate widely used words so as to create a cloak of anonymity when doing a Google oMsearch, while still displayed in the top results. A person never hears of the facility except fo rwhat a salesperson has told them. Not allowing outsiders to have their experiencecommunicated to potential clients is a crucial element to their success. Should public discoursewith their facilities be successfully quieted, there is nothing to stop their continued practice ofunsafe drug detoxification, unproven "holistic" techniques based purely on Scientologyteachings and practices and unhappy families who send their loved ones to their rehabs- only tomake their situation worse. This swindling has all been done at a premium cost to the drug-addicted and their families, often leaving individuals tens of thousands of dollars in debt.

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D. Plaintiff Wants Only Their Own Favorable Reviews Displayed on Google M

Plaintiff is intending for its own authored and subjective reviews to be within the firstsearch results, and not reviews from outside sources such as ripoffreport.com. BDR has set upseveral websites with key words designed to get them to display prominently, as demonstratedin the following:

bestdrugrehabilitionreviews.com (Exhibit D)

bestdrugrehabilitatonreviews.net (Exhibit E)

bestdrugrehabilitationreviews.biz (Exhibit F)

bestdrugrehabilitationreviews.org (Exhibit G)

bestdrugrehabilitation.net/reviews (Exhibit H)

bestdrugrehabilitationreviews.info (Exhibit I)

drugrehabilitationrankings.com (Exhibit J)

Interestingly enough, these sites from Plaintiff have employed the service "Domains byProxy" in order to protect their anonymity as to who owns and authors the websites- bu t eachone reads as an advertisement fo r the facility complete with BDR's phone number one can callfor a free consultation. Domains by Proxy have been controversial throughout the yearsbecause of accusations of aiding malicious fake websites. It is plainly obvious that Plaintifffeels that their opinion should warrant the privilege of anonymity when i t is to increase theirown profit margin, but that others should not have this same entitlement and should not beprotected in court.

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The anonymously registered sites are just part of the online campaign that BDR has to

increase their presence on the Internet in a false positive light."http:/ bestdrugrehabilitationreviews.blogspot.com/" is a blog written by Per Wickstrom,founder and president of Best Drug Rehabili tation. The website drugrehabilitationrankings.comhas each article written by Wickstrom, and the only reviewed rehabs are A Forever Recovery(Wickstrom's facility in Battle Creek, formerly known as Narconon Stone Hawke) and BDR(Exhibit K.) There are also multiple youtube channels, face book groups and twitter accounts.

E. SLAPP

Scientologists throughout the years have regularly employed Strategic Lawsuits AgainstPublic Participation (SLAPP) in order to protect their reputation. A SLAPP lawsuit is an attemptto censor and / or intimidate a critic by burdening them with the costs of legal defense. Atypical SLAPP lawsuit will be a civil action with charges of defamation, without any evidence asto the falsity of the statements made. They are sometimes also an attempt to unmaskanonymous or pseudonymous critics.

To protect consumers against a SLAPP lawsuit and to encourage the right of free speechand public discourse, 28 states have enacted statutory protections against SLAPPs. Eventhough Michigan is not among the 28 states, there are thousands of cases which address thesecircumstances. Michigan courts have a long history of protecting First Amendment rights andhave placed very high burdens on a litigant alleging "defamation." Not only have th e courtsdefended the right to public discourse in their various forms, but even untruthful remarks areprotected when they fall into the category of opinion, rhetorical hyperbole and exaggeratedepithet.

F. Lawsuits are Malicious ProsecutionThe lawsuits filed by Best Drug Rehabilitation against seven individuals in February 2013

all follow a similar pattern. They pray for injunctive relief, claim damages in excess of $25,000,

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and list various lines taken from the users' alleged Ripoff Report reviews fo r their charges ofdefamation. The reviews are not signed by any name and were posted anonymously. The rightof anonymity is a principle the United States Supreme Court has recognized over and overagain; "an author's decision to remain anonymous, like other decisions concerning omissions oradditions to the content of a publication, is an aspect of the freedom of speech protected bythe First Amendment." Mcintyre v. Ohio Elections Comm'n, S14 US 334, 341-42, 115 S Ct 1511,1516, 131 LEd 2d 426, 436 {1995). In their attempt to unmask each Defendant, BDR has simplytaken each review and guessed whom the poster's identity might be. The reviews they havechosen to litigate are chosen at random, and are among countless other complaints {aboutBDR) posted on Ripoff Report.

These lawsuits are no t even filed in the same county that BDR has its place of businessin Manistee County. Instead they are filed in Kent County, in which is located the office ofPlaintiff's corporate counsel. They have been filed in Kent County because it is convenient forthem. There is no regard whatsoever fo r the burden these lawsuits place on the individualDefendants- all of whom reside in other states. These lawsuits were filed with sloppy,unsubstantiated claims. Charges where even a modicum of research would reveal them to beclearly frivolous.

It is plainly obvious that they are dependent on each of the Defendants to not have themeans to afford representation or to appear in court. After all, the majority of theseDefendants have had their monetary resources wiped out from the cost of "treatment" at BestDrug Rehabilitation. A default judgment in their case, or winning any of the cases by defaultjudgment, would result in the success of de-indexing the reviews from m searches. Thereforethey would continue to have unsuspecting clients fall into their sham. These lawsuits areinundated in greed, abuse of process and harassment.

G. Statements Were Not DefamatoryThere are simply tw o elements referred to in the posting of Plaintiff's complaint as false

and defamatory:a. 'They said that would be considered unethical practice and insurance fraud."

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b. "The best drug rehabilitation Insurance fraud Manistee, Michigan"

The first statement is in reference to the poster describing what her insurance company toldher. Statements must be viewed in context to establish if they are capable of defamatoryinterpretation. Ireland v Edwards, 230 Mich App 607, 584 NW 2d 632 (1998.} The posting, in itsentirety, states:

Horrified! I originally called a drug hot line and was referred to this place. Later learningthat Owen was most likely an employee working for( BDR) I was ready to bring my sonto this facil ity and a last minute check and I couldn't believe the information i wasreading. Everything I was warned about in this review was exactly what I was, salespitched by this facility. They said that my insurance co. would pay for everything and 1needed to just change my address to 121 Capital Ave NE( admin office) so they couldreceive the insurance checks.

I called my insurance and they said they have never heard of Best drug rehab and thatI should never do this. They said that would be considered unethical practice andinsurance fraud.

I also had a red flag when I was told my son could pick any type of treatment andScientology was offered. I do not consider this to be christian. Which means Christ. I alsowas uneasy about dropping him off to a place that would be 4 hrs away from where hewould be transferred, without even seeing the facility. I am so glad that God has givenme a uneasy feeling and that i further researched this place before sending myvulnerable son here.

I hope this helps keep anyone else from almost making a huge mistake!!!!

The title of this posting was "The best drug rehabilitation Insurance fraud Manistee, Michigan,"

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the second "statement" cited in Plaintiff's complaint as a defamatory statement. This is, in fact,not even a statement. It is a title which concerns the subject matter, and references theinformation the poster received from her insurance company which led to their decision no t todo business there. Its intent is to warn others thinking about sending loved ones to the facility.The statements are not false, with malicious intent or reckless disregard for the truth. On thecontrary, the statements are truthful.

II. Standard of Review

"A motion for summary disposition brought under MCR 2.116(C)(8) tests the legalsufficiency of the complaint on the basis of the pleadings alone. The purpose of such a motionis to determine whether the plaintiff has stated a claim upon which relief can be granted."Beaudrie v Henderson, 465 Mich 124, 129-130; 631 NW2d 308 (2001). "Unless the claim is soclearly unenforceable as a matter of law that no factual development can possibly justify a rightto recover, the motion under this sub-rule should be denied." Wodoqaza v H & R Terminals,1m; 161 Mich App 746, 750; 411 NW2d 848 (1987).

"A motion for summary disposition under MCR 2.116(C)(10) tests the factual support ofa claim." Amy v MIC General Ins Corp, 258 Mich App 94, 102; 670 NW2d 228 (2003)."Summary disposition is proper under MCR 2.116(C)(10) i f the documentary evidence showsthat there is no genuine issue of material fact, and the moving party is entitled to judgment as amatter of law." O'Donnell v Garosic, 259 Mich App 569; 676 NW2d 213 (2003). "In deciding amotion brought under this subsection, the trial court must consider affidavits, pleadings,depositions, admissions, and other evidence submitted by the parties .. in a light most favorableto the nonmoving party." Kelly-Stehney & Associates, Inc v MacDonald's Indus Products,

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Inc, 254 Mich App 608, 611-612; 658 NW2d 494 (2003). "The moving party has the initialburden of supporting its position with documentary evidence, but once the moving party meetsits burden, the burden shifts to the nonmoving party to establish that a genuine issue ofdisputed fact exists." /d. "A genuine issue of material fact exists when the record, giving thebenefit of reasonable doubt to the opposing party, leaves open an issue upon which reasonableminds might differ." Johnson v County o(Jackson, Mich App, Unpublished No. 236622 (Sept. 11,2003).

Ill. ARGUMENT

A. The First Amendment and Libel

The First Amendment to the United States Constitution guarantees the freedom ofspeech. Although it does not grant immunity fo r false or defamatory statements, there areseveral rules which significantly narrow a Plaintiff's chances for successfully litigating adefamation action.

The bellwether case, New York Times v Sullivan, 376 US 254; 84 SCt 710; 11 LEd 2d 686(1964) reflects the current interpretation of the First Amendment as it relates to charges ofdefamation. On March 29, 1960, the New York Times published a full-page advertisemententitled "Heed Their Rising Voices," in which it stated that students engaging in non-violent civilrights demonstrations in the south had been "met by an unprecedented wave of terror." It wasfurther stated in the ad that truckloads of heavily armed police had surrounded the AlabamaState college campus; that police had padlocked students inside the dining hall to starve theminto submission; that police had arrested Dr. Martin Luther King seven times; and that Dr. King'sprotests had been met "with intimidation and violence," including bombing his home,assaulting him, and charging him with perjury.

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Many of these statements were false. Police did not padlock students in the dining hall,

Dr. King was arrested four times, no t seven, and the evidence around whether an arrestingofficer had assaulted him was conflicting. But the United States Supreme Court rejected anabsolutionist analysis that any false statement could be "libel" and therefore claim "notalismanic immunity from constitutional limitations." /d. at 269. Like all "other formulae fo r therepression of expression," libel "must be measured by standards that satisfy the FirstAmendment." /d.

It was recognized that the public discourse would entail engaging in vehement, caustic,and sometimes unpleasantly sharp attacks on government and public officials. The Court alsoobserved that "erroneous statement is inevitable in free debate." /d. at 271. Accordingly, somefalse statements "must be protected if the freedoms of expression are to have the 'breathingspace' that they 'need .. to survive."' /d. at 272, quoting NAACP v Button, 271 US 415, 433; 83 5Ct 328; 9 LEd 2d 405 (1963).

With this established high standard of libel law, Plaintiff must prove clearly andconvincingly that Defendant intentionally lied or acted recklessly in making the challengedstatements. Proof of negligence does not suffice. The Supreme Cour t has also extended thisconstitutional privilege to protect defamatory criticism of nonpublic persons who "arenevertheless intimately involved in the resolution of important public questions or, by reason oftheir fame, shape events in areas of concern to society at large." Curtis Publishing Co v Butts,388 US 164; 87 S Ct 1975; 18 L Ed 2d 1094 (1967). Addit ional ly, it has been extended to caseswhere the Plaintiff is a private individual. Gertz v Robert Welch, Inc, 418 US 323; 94 S Ct 2997;41 LEd 2d 789 (1974.)

B. Michigan Courts Have Upheld New York Times v Sullivan

For decades, the Michigan Supreme Court has vigilantly protected free expressionthrough strict application of constitutional principles:

For example, In re Chmura, 464 Mich 58; 626 NW2d 876 {2001), (discussing New YorkTimes and the actual malice standard in reversing a decision by the Judicial Tenure Commission

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that a sitting judge had violated the Code of Judicial Conduct by statements he made in thecourse of a campaign); Rouch v Enquirer & News of Battle Creek (Rouch II}, 440 Mich 238, 258;487 NW2d 205 {1992),(reversing a jury verdict in a libel case, discussing the importance ofindependent review in such cases, and noting the concern that "juries may give short shrift toimportant First Amendment rights"); Locricchio v Evening News Ass'n, 438 Mich 84; 476 NW2d112 {1991}, cert den, 112 5 Ct 1267 {1992}, (conducting an independent review of the recordand reversing a jury verdict in a libel case); Battaglieri v Mackinac Ctr for Pub Policy, 261 MichApp 296; 680 NW2d 915 {2004} (discussing the definition of actual malice and reversing the trialcourt's decision denying summary disposition in a false-light claim brought by a public figure);Lakeshore Community Hospital Inc v Perry, 212 Mich App 396; 538 NW2d 24 {1995), (conductingan independent review, finding insufficient evidence of actual malice and vacating the trialcourt) and Garvelink v The Detroit News, 206 Mich App 604; 522 BW2d 883 {1994}, (conductingan independent review of the record and reversing the trial court's decision denying summarydisposition to a defendant in a public official libel case).

C. The Statements Cited in Complaint are Rhetorical Hyperbole

The statements cited by BDR in their complaints were written without actual malice,because the poster believed them to be true, or they fall into the category of "RhetoricalHyperbole" or "Vigorous Epithet." Statements must be viewed in context to establish if theyare capable of defamatory interpretation. Ireland v Edwards, 230 Mich App 607, 584 NW 2d632 {1998.} Defamatory statements, in order to be actionable, must state actual facts about aplaintiff, thereby protecting statements that, although factual on their face and provable asfalse, could not reasonably be interpreted as stating actual facts about the plaintiff. Ireland,supra p 617, 584 NW 2d 632, citing Milkovich v Lorain Journal Co., 497 US 1, pp 16-17, 110 S Ct2695.

In Ireland, it was concluded that the statement that Ireland "never" spent time with herchild was patently false and an obvious expression of disapproval of the amount of time Irelandspent with her child, bu t that no reasonable person would believe the statement stated actual

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fact s about Ireland . Kevorkian v. American M edical Association, 237 Mich App 1; 602 NW 2d233, {1999} citing Ireland, sup ra, p 619, 584 NW 2d 632. Similarly in Kevorkian, th e statementth at Plaintiff was a "murderer" was determined to be a strongly worded opinion, and not theactu al accusa tion o f a crime.

D. The Forum Used fo r the Posts Communicated Clearly That They Were Opinions

Ripoff Report is an opinion websit e. Indeed, at th e top of "Ripoff Report," it is posted"By consum ers, for consumers .. and "Consumers educa ting consumers." Any reasonableindividual who reads the reviews would ga th er that th ey are no t an official source, and th at thestatements were express ions by ordinary laypersons meant to show strong disapproval ofbusiness practi ces.

To surmise th at any and all in form ation posted on th e Internet is posted as li teral fact,especially a si te wh ose primary purpose is to post opinionated revi ew s, would deem th e vastmajority of th e Internet as actionable for defam ation. This l iteral and absolutionistinterp retation of the law has been ru led against time and time aga in . Should BDRsinterp retation prevail, then the courts would be flooded with litigation. Something asinnocuous as a facebookrM status update or a product revi ew on a blog could po tent iallybankrupt th e author. Th e In ternet would be encumbered as a result, reversing th e informationand t echnology revolution of th e pa st few decades. This would stifle use rs, have a chill ingeffect on speech and the flow of legitimate opinion and information due to th e fea r of lawsuits.

What is more, as demonstrated in Gertz v Robert Welch, Inc, 418 US 323; 94 S Ct 2997;41 L Ed 2d 789 {1974}, strict liability for defamation is unconstitutional in the United States; th eplaintiff must be abl e to show that the defendant acted with a higher level of mens rea. Simplyclaiming th at the statements, i f submitted by Defendants on ripo f freport.com , were false, isinsufficient . The statements were what was believed t o be true and there is no proof th at suchstatements, if made, were with actu al malice. Simply a failure to investigate i f th e claims aretr ue does no t show blatant disregard fo r th e truth . St Aman t v Thompson, 390 US at 731, 733,88 S Ct 1323 {1 968} . Should such a standard exist it would be unreasonable. Individuals posting

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on the Internet would be in constant fear of litigation and end up self-censoring to a degreethat would stifle communication and meaningful dissent.

E. Summary Disposition is Suitable for these lawsuits

Pursuant to MCR 2.116 (C) (8), when the Plaintiff has failed to state a claim upon whichrelief can be granted, summary disposition is appropriate. The Supreme Court has ruled thatsummary judgment is particularly important in libel cases. See Anderson v Liberty Lobby, 477 US242; 106 S Ct 2505; 91 LEd 2d 202 {1986} as well as our own state courts, Kevorkian v AmericanMedico/ Ass'n, 237 Mich App 1,5; 602 NW2d 233 {1999} where it was observed that "[s]ummarydisposition is an essential tool in the protection of First Amendment rights." Summary relief todefendants is necessary to avoid the 'chilling effect' on freedom of speech and press Lins vEvening News Ass'n, 129 Mich App 419, 425; 342 NW2d 573 {1983.)

Furthermore, MCL 600.2911(6) states:

"An action for libel or slander shall no t be brought based upon a communicationinvolving public officials or public figures unless the claim is sustained by clear andconvincing proof that the defamatory falsehood was published with knowledge that itwas false or with reckless disregard of whether or no t it was false".

Our own Michigan Supreme Court, in Smith v Anonymous Joint Enterprise, 487 Mich102; 793 NW2d 553 {2010} has recognized this high threshold for the actual malice standard."[A] plaintiff must present sufficient evidence to justify a conclusion that the defendant madethe allegedly defamatory publication with a 'high degree of awareness' of the publication'sprobably falsity, or that the defendant 'entertained serious doubts as to the truth' of thepublication made." Smith, 542, quoting StAmant v Thompson, 390 US 727, 88 S Ct 1323 (1968).

F. Plaintiff's Frivolous lawsuit Warrants Sanctions

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MCR 2.114 and MCR 2.625(A)(2) permits the Court to award of attorney fees to the

prevailing party pursuant to MCL 600.2591 for frivolous suits. BJ's & Sons Constr Co, Inc v VanSickle, 266 Mich App 400, 404; 700 NW2d 432 {2005} "Under Michigan law, a party thatmaintains a frivolous suit ... is subject to sanctions under applicable statutes and court rules."MCL 600.2591 provides:

(1) Upon motion of any party, if a court finds that a civil action or defense to a civilaction was frivolous, the court that conducts the civil action shall award to theprevailing party the costs and fees incurred by that party in connection with the civilaction by assessing the costs and fees against the non prevailing party and theirattorney.{2) The amount of costs and fees awarded under this section shall include all reasonablecosts actually incurred by the prevailing party and any costs allowed by law or by courtrule, including court costs and reasonable attorney fees.

MCL 600.2591{3)(a) further reads:[f]rivolous' means that at least 1 of the following conditions is met: (i) The party'sprimary purpose in initiating the action or asserting the defense was to harass,embarrass, or injure the prevailing party, (ii) The party had no reasonable basis tobelieve that the facts underlying that party's legal position were in fact true, (iii) Theparty's legal posi tion was devoid of arguable legal merit.

The claims or defenses at issue must be evaluated at the time they were made in orderto determine i f sanctions are appropriate pursuant to MCL 600.2591. In re Costs & AttorneyFees, 250 Mich App 89, 94; 645 NW2d 697 (2002}. The court must examine "the particular factsand circumstances of the claim involved." /d. at 95. Sanctions are imposed against frivolousclaims '"to deter parties and attorneys from filing documents or asserting claims and defensesthat have no t been sufficiently investigated and researched or that are intended to serve animproper purpose."' Van Sickle, 266 Mich App at 405, quoting FMB-First Michigan Bank vBailey, 232 Mich App 711, 722-723; 591 NW2d 676 (1998).

IV. CONCLUSION

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The Evolution ofTreAnent In the past, rehabilitation usually consisted ofconfining the individual in harsh surroundings while they withdrewfrom the drug alone. It was the contention in those days that dmg addiction was a moral defect that requiredstrict punishment. Today, however, addiction specialists realize that an addict not only has a physical dependenon the dmg, but they also sulfur emotional problems, environmental challenges or physical health issues thatcontribute to their desire to use dmgs. In contrast to methods of the past, a professional rehabilitation center otoday provides the addict a secure, comfOrtable, nurturing environment, compassionate counselors andinteraction with other recovering d d i c t ~ . Rehabilitation s p e c i a l i s t ~ now understand that an addict needs to feelthat they arc not the only one in the world with a dmg addiction, and that someone actually believes in their abito overcome this dangerous habit.

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Addiction

is becoming a growing trend. Cocaine is a hydrochloride salt which can be snorted, smokedr injected. [t also can be applied to v a g i n a ~ oral or rectal mucus membranes and can be mixed with liquor.

is normally not taken by mouth fur recreational purposes because it has toxic reactions such as death.is taken orally is when a person tries to hide the cocaine from the law or border

of he method of ingestion, repeated use will result in addiction and serious side effucts to thpowder can be melted inwater and used

so it cannot be smoked and usingis the most popular way to do the drug. When freebasing occurs it converts the hydrochloride int

is free ofadditives. It's not water soh.tble and the melting point is very low and now it can be smoket is very dangerous to frcebase cocaine. Addiction to Crack Cocaine Crack is the most popular drug on the

is sold in vials and easy to smoke. [t is smoked in crack pipes, in cigarettes and in rmrijuana joints.toxic dose ofcocaine is not known because everyone is dilrerent and some people can handle more than

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est Drug Rehabilitation Reviews li.Q..[m About Us Testim:mia March 26, 2013

Usug Rehabilitation has one goal That goal is to provide the best care that an individual can receive at an addiction treatment fucility. Drug or

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BEST DRUG REHABILITATIONNEW LIFE RECOVERY AND REIIABILITATION CENTER

Best Drug Rehabilitation Michigan ReviewsAddiction can be a devastating force in one's life and the best choice for overcoming anaddiction is through treatment at a professional rehab center according to many positive BestDrug Rehabilitation rev1ews.Best Drug Rehabilitation Treatment ProgramsAlcohol and substance abuse can lead to loss of employment, alienation from friends and famityand could possibly result in death. After a while, as an addict reviews the ir experience withaddiction, they feel as if they are powerless over the situation. Best Drug RehabilitationMichigan helps clients understand the underlying forces that contributed to their addictionand teaches them th e skills they need to overcome these obstacles.

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Best Drug Rehabilitation reviews reveal that the key to recovery is se t up to provide thesupport structure needed to help addicts beat their addictions. The ultimate goal is to providethe individual with th e tools necessary to abstain from substance abuse in the long-run. Thetreatment provided at Best Drug Rehabilitation establishes a foundation for the addict toovercome the cravings and triggers that are present on a day-to-day basis.The program offered by Best Drug Rehabilitation Michigan is designed to work in conjunctionwith detox in order to provide the client with long-term results. The program addresses thephysical and emotional needs of the client and seeks to improve their daily living skills withrelapse prevention as the main objective. Nutritional guidance and healthy activities areavailable, including counseling designed to help the client build interpersonal relationships.The type of treatment at a rehab center is targeted to the particular needs of each client.Certified addiction specialists and supportive staff provide regular evaluations and reviews todesign treatment programs based on the client's individual progress throughout the program.At Best Drug Rehabilitation, there are a wide range of therapie s offered that focus on aU facetsof addiction recovery. Call us to learn more information about the Best Drug RehabilitationMichigan reviews and about our program.

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Call Today 1 (877) 464-3185Best Dm g Rehabilitation learns about each client's situation and otrers treatment programs aimed at healing onmind, body, and spirit. Treatment options can be personalized to best suit an individual's needs and preferencall today to speak to a highJy trained counselor. Call l (877) 464-3185 24/7 toll- free today to find out bow

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here the client

OfPrescription Drugsrescription drug> only suppress the symptoms ofyour disease and cause disruption in the normal body cell

fimctions. This why prescription drug users arc subject to getting a disease, because prescription dtugs can caurnalfimction ofcells. Recent studies have showed having over 2 million Americans were admitted to the hospitafur serious effucts ofprescription drugs with over l 00,000 resulting in death. Prescription Drugs Arc Just AsSerious As Illegal Drug> Other dangers ofprescription drug> occur with those who are abusing a prescribed a

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Home About Reviews Contact

g Rehabilitation RankingsFact or Fiction: Addiction is hereditaryby Per WickstromAddiction and Heredity

here is not one single cause fur addiction. tactors are at work simuhaneously. One reason addicts rela

is that a rehabilitation may address one tactor relating their addiction, but not the rest. They could go through several rehab programs and still not have ef!Cctivelycovered all the elements at work. The question regarding the role that heredity plays in addiction is often askeIs addictive behavior handed down from generation to generation? If he great-grandtather was an opium addthe grandtather a morphine addict, and the tather a heroin addict, will the son or daughter become a methadoor prescription pill addict? Does the child ofan alcoholic possess an involuntary inclination to become alcohodependent?Researchers have been looking fur genetic tactors related to a propensity fur addiction. One study in the UnitKingdom points to brain cell abnormalities present in siblings ofdrug addicts. The study analyzed brain scans50 cocaine addicts and their non-addicted brothers and sisters, as well as 50 random healthy voh.mteers. Theresearchers reported finding defects in brain fibers in a certain part of he brain in both the addict-; and theirsiblings, but not present in the other volunteers. They believe this discovery could indicate a common thread iaddictive behavior traced to brain abnormalities. What the study is not able to answer is the question as to whsome of he siblings became drug addict-; and the others did not. Hased on such research, it is possible therecould be a common neurological or cellular thread that could lead to addiction. IdentifYing such tactors couldpotentially help people in isolating and averting addictive behavior. But these factors are more ofan unknownthan a known quantity at this time. Certain familial, environmental and personal factors, however, habeen found to be present in countless cases o fdrug addiction:Familial Influences


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A child looks up to the parents an.cr siblings, and the example they se t . i ne ly plays a large role in thebehavior and attitudes of that child. A boy will often want to be like the father, but it goes further: The boy wilto one degree or another- take on the identity and tmnnerisms of he father. A girl will take on the identity ofmother. Or any combination can be present the sister who looks up to the big brother, and so on. When oneor more in the household arc drug-addicted or alcoholic, it can rub off on others in the family to a markeddegree. They seck to emulate other members of he same family. This factor alone plays a large role in the stmofaddiction

Environmental Factorslbe family is itselfan environment, but one's surroundings extend to the street outside, one's friends,neighborhood, club, gang, school, etc. These play a large part in the addiction equation Kids get offurcd drugat a very young age. lbat age seems to get younger and younger each year. Children can be offurcd pills or doat 7 or 8 years old. Tfthc family drinks and smokes pot in front of he child, they are setting the stage for drug for that child. At school or amongst peers, whether or not a child or teenager docs dmgs can determine theirsocial status, how "cool'' they appear, and what kinds of friends they get to hang out with. Dmg usc at a younage builds up tolerance and fuels a desire fur more potent substances fur the purpose ofgetting high.

Nowadays, the legal status ofcertain drugs is also a big influence. In Colorado and Washington State, wheremarijuana has been legalized, kids assume, "It's legal. It must be OK." Police and drivers' educationprofessionals in those states are pulling their hair out as they have no roadside tests (unlike alcohol) to determiif someone is driving while high. The scourge of quasi-legal synthetic drugs- "Bath Salts" and synthetic cannabfor example- arc now a nationwide epidemic. Prescription drugs, such as those found in people's medicinecabinets, also otfur ways fur youth to t,'Ct high on "legal'' substances.Drugs as E s c a ~A person does not usually se t out with the goal in mind of becoming a drug addict. It is a more gradual procesAll too often the scenario goes a little something like this: A ymmg person has some personal prob !ems, familiatroubles, relationship difficulties, or any number ofstresses. They cannot study well; they're very withdrawn insocial situations; they don't know what they want out oflifu; or they could have experienced some sort of rau- the death of a close friend or a loved one. Sheer boredom or having no goals in lifu will also trigger drug useAs a "solution" they tLun to what you could term "chemical escape." Drugs or alcohol make them furget aboutheir problems. A l c o h o ~ pills and weed lead to cocaine, speed or opiates. The cycle ofaddiction takes a firmgrip in the person's lite. These days, prescription pill abuse and heroin addiction fued off each other. A $50 peday pill habit can be replaced by a $15 per day heroin habit, as heroin is now much cheaper in many locationparticularly along the Interstate 5 corridor where heroin from Mexico is channeled into American cities. Notevetyonc winds up addicted, but fur the ones that do, it can happen without them even realizing what is goingOne morning they awake, look in the mirror and discover a drug addict staring back at them.Combination of CausesDrugs abuse is fueled by any o f he above causes. Normally it is a combination ofmultiple factors.After a while, the drug abuse becomes the chiefproblem, and the personal problems that instigatedthe original drug use either fade into the background or increasingly affect the person's life.Drug education offers a way to intercept the influences that can lead one to turn to drugs. Helping


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their problems a . rmu l a t e goals also goes a long wen preventing drug abuse.ic rehabi litat ion offers a way to address the multiple factors involved in drug addiction that

taken hold. 0 comments }

t characteristics in kids make them likely to do drugs?Wickstrom

esearch and patient experience have revealed certain characteristics that make kids more likely to do drugs.eristics range from the psychological to the environmental They are essential in understanding w

eads to drug use - and, ultimately, in preventing it.ere we discuss several characteristics that ollen lead children to use drugs.

w self-esteem and self-doubtdecision to abstain from drugs requires a strong degree of self-confidence: the belief that drugs are harmfb

the confidence to say no, and the conviction to choose tmrc productive behaviors. Children who are less self.ssured often find it harder to resist drugs. They also tend not to have the same conlidence in a drug- free lite.

Because drugs are also a way to escape lcelings ofself-doubt and temporarily boost self:conlidence, those wlower self-esteem often gravitate to drugs as a way to compensate !Or the delieiency. Drugs become aompelling "therapy" for low self. esteem.


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is why instilling self-confidcnc.t be a priority among parents. It is o . f t h c greatest antidotes to druin lire.

to continue... ]I comment}

reel like plillishment or purgatory- it should be celebrated as the wonderful gift you've givIn finding the clarity to become sober, you've given up old fears and negative ways of hinking. Tbat

that should give you a great deal ofpride and comf.Ort that you are living[ ... ]the full article -->

MarijuanaDrug Rehabilitation

is marijuana? Marijuana (grass, pot, weed) is the cormnon name f.Or a crude drug rmde from the plantin marijuana is THC (dclta-9-

than400 other chemicals also arc in the plant. A marijuana 'joint" (cigarette)of the p!ant. [ ..J

full artiele -->es Marijuana Affect the Brain?

Drug Rehabilitationof he comrmn words used to dcscnbc the dried leaves drug

is a cannabis plant that is '\ISually srmkcd or eaten to entice euphoria." (I).on the negative and positive c!fucts of marijuana on the human

.. ]full artiele - >

of Marijuana

on the Brain As Tl lC enters the brain, it catiSes the LISer to fuel euphoric --{)r high -by acting on theis rmdc up of regions that govern the response to pleasurable things like sex and

IC activates the reward system in the[ .. ]


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Read the full article -> ocaine in the Brainby Dmg Rehabilitation"Cocaine delivers an intensity of pleasure- and despair- beyond the bmmds of normal hwnan experience."During the 1980s, Partnership ror a Dmg Free America began airing commercials that seem to either fi-ighteneducate people about the use of llegal dmgs. One of hese commercials avowed, "N o one ever says, '[want[ ..]Read the full artie e ->What are the Affects of Cocaine?by Dm g RehabilitationCocaine is a powerfully addictive stimulant dmg. The powdered hydrochloride salt rorm of cocaine can besnorted or dissolved in water and then injected. Crack is the street name given to the form ofcocaine that hasbeen processed to make a rock c r y s t a ~ which, when heated, produces vapors that are smoked. The term"crack"[ .. ]Read the full article ->

How Does Cocaine Affect the Brain?by Dmg RehabilitationA highly addictive substance, Cocaine is usually seen as a powdered hydrochloride salt which is most commosnorted, although it is also dissolved and injected. Crack is another furm ofcocaine. This is a crystalline rormcocaine which has not been treated with acids to produce the fi1miliar powdered rorm Crack cocaine is heat[ ..]Read the full article ->

How to Tell if You're Kids are Using Drugsby Dmg Rehabilitation111e first line ofdefense today to help chiklren combat the war on drugs are their parents. Today's parents arthe best position to sec dmg usc in the fumily as well as to stop it It is a hard process to overcome but therehave been many fumilies who have dedicated themselves with[ ..JRead the full article -

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