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Business Ethics Case

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Business Ethics Case

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BUS/415 Business Law

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Business Ethics Case

The National Enquirer, Inc. is a 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. Jones, an entertainer and also a California resident, filed a lawsuit in California state court against the National Enquirer and its president, who was a resident of Florida because The National Enquirer published an article about Shirley Jones. The damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress were filed in a lawsuit by California. 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)

What kind of paper is the National Enquirer?

The National Enquirer is involved in giving exaggerated stories such as personal life or any scandal of any celebrity or news which create sensation and arise curiosity. It is a tabloid magazine and its main focus is on celebrity news and gossip. It is not considered credible because of its exaggeration. Despite of all this company has a strong base and standing.

As per Funding Universe (n.d.), there are 1,331 employees with the Enquirer’s holding company, Enquirer/Star Group. Furthermore it has operating revenues of $275.38 million. A combined weekly circulation of seven million is enjoyed by the $1.25-a-copy National Enquirer and Star. More copies of TV Guide are sold.

Was it ethical for the National Enquirer to try to avoid suit in California?

According to Calder v. Jones, (465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed. 804, 1984) the Supreme Court stated that it was hard to understand that how a defendant who was engaged allegedly in a focused act because of which harm was suffered by the injured party in the home forum was not able to see that he was being called into court in the forum where the tortious act caused a damaging effect to the injured party. No doubt this was not ethical of the National Enquirer to avoid suit in California.

Are the defendants subject to suit in California? Why or why not?

A tortuous act was committed by the magazine against a Californian resident; therefore the resident had every right to file the suit in their state of residence. Since the case was filed in California the defendant was subject to suit in California. Regardless of the fact that the act was committed elsewhere the effects of the acts occurred in California. According to (Calder v. Jones, 465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed. 804, 1984) if the tortuous act is focused on the injured party jurisdiction will lie anywhere. According to Case Brief Blog, (2009) an assertion of jurisdiction over a non-resident is permitted by California’s long-arm statute. Thus the magazine was well aware of the fact that what ever they are publishing will be harmful to Ms. Jones and State of California.

References

Calder v. Jones, 465 U.S. 783, 104. S.Ct. 1482, 79 L.Ed. 804. (1984). Retrieved July 20, 2010, from http://www.law.fsu.edu/library/flsupct/sc09-272/09-272ini.pdf

Case Brief Blog. (August 10, 2009). Calder v. Jones, 465 U.S. 783, 1984. Retrieved July 19, 2010, from http://casebriefer.blogspot.com/2009/08/calder-v-jones-465-us-783-1984.html

Cheeseman, Henry R. (2010). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues, Sixth Edition. Chapter 3: Court Systems and Administrative Law. Published by Prentice Hall

Funding Universe. (n.d.). Enquirer/Star Group. Retrieved July 20, 2010, from http://www.fundinguniverse.com/company-histories/EnquirerStar-Group-Inc-Company-History.html

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