3.5 Business Ethics The National Enquirer, Inc. is a Florida corporation with its principal place of business in Florida. It publishes the National Enquirer, a national weekly newspaper with a total circulation of more than 5 million copies. About 600,000 copies, almost twice the level in the next highest state, are sold in California. The National Enquirer published an article about Shirley Jones, an entertainer. Jones, a California resident, filed a lawsuit in California state court against the National Enquirer and its president, who was a resident of Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. Calder v. Jones, 465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed.2d 804, Web 1984 U.S. Lexis 4 (Supreme Court of the United States)
1. What kind of paper is the National Enquirer?
The National Enquirer is a “supermarket tabloid” (Wikipedia) founded in 1926. All like things in life, National Enquirer has changed and/or improved throughout the years. National Enquirer pays people for their stories or information about a about lawsuits that are published weekly.
2. Was it ethical for the National Enquirer to try to avoid suit in California?
I do believe it was ethical for the National Enquirer to try to avoid suit in California because of the effect test and Marshall knew her “statements were damaging and designed to harm ICM’s business interests and reputation.”
3. Are the defendants subject to suit in California? Why or why not?
“Any exercise of personal jurisdiction over Marshall cannot be a surprise to Marshall or be unfair to her considering the intentional nature and the specific focus of Marshall alleged misconduct.” Because the actions occurred in California this did not affect where the acts were committed. A fair reading ruling was that jurisdiction would lie anywhere where the injured party resides if the tortious act “focused” on the...
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