The document summarizes the libel case of Clint Eastwood v. National Enquirer, Inc. It outlines the key elements Eastwood had to prove: 1) publication of the false article, 2) clear identification of Eastwood in the article, 3) the statements were defamatory, 4) the statements were factually false, and 5) the Enquirer acted with actual malice. The Enquirer published an article falsely claiming to have an exclusive interview with Eastwood about becoming a father again at age 63. Eastwood sued for libel and was ultimately awarded $150,000 in damages and $656,000 in legal fees, as the Enquirer failed to properly verify the accuracy of the article.
Why are those who should ostensibly know better so frequently and spectacularly wrong? Why are expert predictions basically coin flips? Here's the talk
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This slide presentation shows -- before, during construction and after pictures of Thilakawardana Cellular in Kiribathgoda that underwent a complete change over in order to make the customer shopping experience better.
This slide presentation shows -- before, during construction and after pictures of Thilakawardana Cellular in Kiribathgoda that underwent a complete change over in order to make the customer shopping experience better.
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This presentation was given to an audience of local businesses at the LSA Bootcamp, a one day digital marketing intensive in Portland 11/1/15. For more about the event and for a look at future events visit www.LSABootcamp.com.
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For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
2. CLINT EASTWOOD= PLAINTIFF
If libel has been committed he has to
prove…
1.Publication
2.Identification
3.Defamation
4.Falsity
5.Fault
+ ACTUAL MALICE because he is a public figure (Eastwood is an
actor/director/producer/musician/politician/etc.)
3. PUBLICATION?
On December 21, 1993 an article was written
about Eastwood becoming a father again at the
age of 63, by assistant editor Don Gentile for
the...
National Enquirer which is an American
supermarket tabloid magazine
National Enquirer, Inc. = Defendant
5. DEFAMATION?
Injured Clint Eastwood’s reputation by suggesting to an ordinary
reader or even to someone who just looks at the headlines of the
magazine that he willingly talked to someone from the Enquirer
His fans could think he is a hypocrite for giving the Enquirer an
“exclusive interview” about his private life (plus access to an
“exclusive” baby picture)…
They could also think he is “washed up as a movie star” if he was
trying to get publicity by a sensationalist magazine
6. FALSITY?
Eastwood claims the whole article is false as he says never gave an
interview to the Enquirer
Goes through the chain of command to prove the article was false...
7. FAULT?
The editors of the National Enquirer…
Steve Plamann (article editor) called up Cameron Docherty (original source)
Docherty said he “erased the tapes” of the interview and didn’t reveal the time or place the
interview occurred
Plamann also called a former agent of Eastwood’s but happened not be in his office at the
time so secretary answered and all she said was “we know Docherty”
and David Kendall (who does pre-publication reviews and approved it to be
published)
7
8. ACTUAL MALICE?
Magazine says “exclusive interview” with Eastwood 3 times (cover, inside
the mag. and in the article itself)
Including scene-setting phrases and quotes like “[Eastwood] said with a
chuckle” suggested that he and the writer actually conversed
Conveying the impression that Eastwood actually gave an interview with
them is actual malice
8
9. CONCLUSION...
7 day trial and 4 days of deliberation
Eastwood was awarded $150,000
Under Lanham Act and California law, Judge Davies awarded Eastwood $656,000
in attorney’s fee
9
KEY POINTS
Do your research! Two phone calls is not enough to prove the information
you received is legitimate
Make sure words like “exclusive” have the same meaning to you as the
court (Enquirer thought “exclusive” only meant “no one else is publishing
this article in our market)