National Enquirer Case Study
Autor: swhitehorse07 • November 28, 2011 • Essay • 403 Words (2 Pages) • 1,758 Views
National Enquirer Case Study
What is the National Enquirer? The National Enquirer is a tabloid known for elaborating on celebrity gossip. The National Enquirer wrote an article about Shirley Jones. This entertainer who is a resident of California filed a lawsuit against the National Enquirer and its president, a Floridian resident. Ms. Jones lawsuit will determine what grounds she is filing for who is subject to this suit, if it was ethical to avoid it in California, and how the courts gain jurisdiction.
What and who are subject to suit and was is it ethical to avoid it in California
Ms. Shirley Jones filed in California. The lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. The National Enquirer, and the president are both residents of Florida. It was ethical for The Enquirer to try and avoid suit in California. When looked at simply, it makes sense for a business to believe that their home state is the state that has personal jurisdiction over the business. There was a long-arm statute that could be used so California that could assert jurisdiction over the business and the president.
The Enquirer and the president argued that they are not responsible for the distribution in any area. The only control that they have is what the article is not the type of an effect it will have in a specific state. Due to this it is not sufficient for an assertion of jurisdiction (Find Law, 2011).
How can the courts gain jurisdiction
The Supreme Court thought that it was sufficient for a court in California to exercise proper jurisdiction of the two parties. Regardless of whether the article had intentional conduct in Florida it was allegedly calculated to cause injuries to the plaintiff in California. Because of this California's "long-arm" statute permits an assertion
...