Padon v. Sears, Roebuck & Co., 186 W.Va. 102, 411 S.E.2d 245, 247 (1991)(False complaint filed were not learned of until arrest.); Staheli v. Smith, 548 So.2d 1299, 1302 (Miss.1989)(Derogatory comments placed in teachers file by Dean were secretive or inherently undiscoverable.); Kelley v. Rinkle, 532 S.W.2d 947, 948-49 (Tex.1976)(Credit report.); Tom Olesker's Exciting World of Fashion, Inc. v. Dun & Bradstreet, Inc., 61 Ill.2d 129, 334 N.E.2d 160 (1975)(Credit report.); Jones v. Pinkerton's Inc., 700 S.W.2d 456, 458-59 (Mo.App.1985)(Investigative report given to employer.);
Sears, Roebuck & Co. v. Ulman, 287 Md. 397, 412 A.2d 1240, 1243 (Md.App.1980)(Credit report);
White v. Gurnsey, 48 Or.App. 931, 618 P.2d 975, 977(1980)(Libelous confidential memo in personnel file .); Kittinger v. Boeing Co., 21 Wash.App. 484, 585 P.2d 812, 814 (1978)(Confidential business memorandum.); See generally, Annot. "Limitation of Actions: Time of Discovery of Defamation as Determining Accrual of Action," 35 A.L.R.4th 1002 (1985). See also, Hobson v. Coastal Corp., 962 F.Supp. 1407, 1410 (D.Kan.1997) (Limitations for defamation action based on oral statement regarding individual's employment history does not begin to run until discovery.);
Goodman, Herron v. Advanced Nav. & Positioning Corp., 940 F.Supp. 281 (D.Or.1996)(Discovery rule applied to confidential oral publications made to friends, family and co-workers.); Thurston v. Ballinger, 884 S.W.2d 22, 26 (Mo.App.1994)(Discovery rule applied to statements made to FBI agent during nominee loan investigation.). But see, Martinez v. National Broadcasting Co., 877 F.Supp. 219, 232 (D.N.J.1994)(Discovery rule does not apply to defamation actions where statuie provides 1 year after publication.); L. Coker & Co., Inc. v. Dun & Bradstreet, Inc., 629 F.Supp. 1425, 1427 (D.Conn.1986)(Discovery rule inapplicable to credit report where limitation period runs from date act complained of occurs.); McCutcheon v. *840State, 746 P.2d 461, 467 (Alaska 1987)(Discovery rule not applicable to press release, it only applies when publication is inherently undiscovera-ble.); Wagner v. Flanagan, 629 So.2d 113, 114 (Fla.1993)(Based on statute, rule does not apply even where defamation is private.); Brewer v. Schacht, 235 Ga.App. 313, 509 S.E.2d 378, 383 (1998)(Rule not applied to comments made at open meeting.); Ellert v. Lutz, 930 S.W.2d 152, 156 (Tex.App.1996)(Rule not applicable to memo in personnel file where employee had access to file.); Taylor v. Goldsmith, 870 P.2d 1264, 1265 (Co.App.1994)(Rule not applied to false statements to employer.); McGovern v. Cargill, Inc., 463 N.W.2d 556, 557 (1990)(Refused to apply to defamatory materials placed in corporate file.); Clark v. AiResearch Mtg. Co., 138 Ariz. 240, 673 P.2d 984, 986 (1983)(Rule not applicable when plaintiff was led to believe that negative things were being said about him.). A few courts appear to have applied the discovery rule without qualification. Although the cases did not involve information that was pub-lically disseminated, the courts used broad language, suggesting that the application of the discovery rule was not limited to circumstances. See, Allen v. Ortez, 802 P.2d 1307, 1313 (Utah 1990)(In libel cases, limitation period does not begin to run until the libel is known or is reasonably discoverable by the plaintiff.); Hoke v. Paul, 65 Haw. 478, 653 P.2d 1155, 1159 (1982)(A claim for defamation accrues when the defamee discovers or reasonably should have discovered the publication of the defamation.); Burks v. Rushmore, 534 N.E.2d 1101, 1103 (Ind.1989) (Limitations period begins to run when resultant damage is ascertained or ascertainable by due diligence.); Manguso v. Oceanside Unified School Dist., 152 Cal.Rptr. 27, 88 Cal.App.3d 725 (1979)(Making no determination as to whether the facts necessitated the discovery defense to the statute of limitation, it held that the rule applies to libel actions.). However, a few other courts have, under particular circumstances, adhered to the traditional rule that libel and slander actions accrue at the time of publication,
See, Mikaelian v. Drug Abuse Unit, 501 A.2d 721, 724 (R.I.1985)(Where pleading did not make mention of the date of discovery, but only date of writing and publication.); Lathrop v. McBride, 209 Neb. 351, 307 N.W.2d 804, 806 (1981)(Limitations period not tolled where 11 days after publication plaintiff knew that derogatory statements had been made.)
Jones v. City of Folly Beach, 326 S.C. 360, 483 S.E.2d 770, 774 (1997)(1997)(South Carolina has not adopted the discovery rule in libel and slander cases.). See also, Lyons v. Farmers Ins. Group of Companies, 67 Ohio App.3d 448, 587 N.E.2d 362, 363 (1990)(Discovery rule would not be adopted for slander actions). A few other courts appear to require fraudulent concealment.
Lashlee v. Summer, 570 F.2d 107, 109-110 (6th Cir.1978)(Applying Kentucky law.); Atwell v. Retail Credit Co., 431 F.2d 1008-1009 (4th Cir.1970). Flotech, Inc. v. E.I. Du Pont de
Nemours Co., 627 F.Supp. 358, 364 (D.Mass.1985)(Discovery rule only applies when inherently unknowable or fraudulently concealed.); Patterson v. Renstrom, 188 Neb. 78, 195 N.W.2d 193, 194 (1972).