At 2:08 a.m. on Friday, December 29, 2006, North- west Herald Newspapers receive

Question

At 2:08 a.m. on Friday, December 29, 2006, North- west Herald Newspapers received via e-mail the Lake in the Hills police department “Daily Bul- letin,” which reported that Carolene Eubanks had been charged with theft and obstruction of jus- tice. As it normally does, the newspaper placed the information from the report in an article and then placed the article in line for publication in the upcoming issue of the paper. The article was even- tually printed before 6 a.m. on January 2, 2007, and appeared in the newspaper on the same date.
The Lake in the Hills police department had sent a second e-mail, on December 29 at 10:25 p.m., in which it said to remove the name Carolene Eubanks and replace it with the name Barbara Bradshaw.The employee who posted the article had already gone home, and because it was a long holiday weekend, and no one was in the office when the second e-mail arrived, it wasn’t read until January 2, 2007, at 10:17 a.m.
Consequently, the January 2 edition of the newspaper included the article indicating that Carolene Eubanks had been arrested and charged with theft and attempted obstruction of justice. The newspaper published a retraction of the article in its January 3 paper, stating that Eubanks was not the one charged with those crimes.
On June 15, 2007, Eubanks filed her complaint against Northwest Herald for defamation and false- light invasion of privacy based on the January 2 publication. The trial court granted the defendant’s motion for summary judgment based on its exer- cise of a privilege. The plaintiff appealed. What privilege do you think the court relied on? What do you think the outcome of the appeal was and why? [Eubanks v. Northwest Herald Newspapers, 397 Ill. App. 3d 746, 922 N.E.2d 1196 (2010).]

Explanation / Answer

Given Information :

Case facts

1 ) On December 29, 2006, At 2:08 a.m. on Friday, North- west Herald Newspapers received via e-mail the Lake in the Hills police department “Daily Bul- letin

2) That was regarding with Carolene Eubanks had been charged with theft and obstruction of jus- tice.

3) North- west Herald Newspapers processed that information for printing.

4) This article printed on 6 a.m. on January 2, 2007, and appeared in the newspaper on the same date.

5) But on December 29 at 10:25 p.m.,  The Lake in the Hills police department had sent a second e-mail

6) Second mail was saying about , name was wrongly placed . The name was Barbara Bradshaw.

7) The person who read first mail , after that he processed the information , & he went for long holiday up to 2 nd Jan. He did not read second mail.

8) On June 15, 2007, Eubanks filed her complaint against Northwest Herald for defamation and false- light invasion of privacy based on the January 2 publication.

Analysis :

1 )See here at the start , the fault is from both the side. Fault from police side as well as North- west Herald Newspapers

2) After that it was total responsibility to have follow up with police station about the approval of news.

3)Its total system failure .First mail read at 10.17 pm, after he immediately processed the information.

4)Second mail arrived at 10.35 pm, the time difference is of only 18 min.

5) News Paper company are working continuously 24 hrs .

6) Such Failure is not allowed & expected from news paper agency.

7) This news is directly related with Market Good Will of Carolene Eubanks. which will affect on their business.

8) Carolene Eubanks will file on Police station as well as North- west Herald Newspapers .

9) More on North- west Herald Newspapers on following cases

a) Goodwill of the company

b) Business affected

c) Market image

d) Dissatisfied customer cost

e) Reduction in profit

The outcome will be from the Carolene Eubanks company side. They can sue for all the consequences what they faced because of mistake of North- west Herald Newspapers.

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