Home
Blog
Radio
Missing Persons
Crime
March 28, 2024, 11:40:15 AM
Welcome,
Guest
. Please
login
or
register
.
1 Hour
1 Day
1 Week
1 Month
Forever
Login with username, password and session length
News
:
NEW CHILD BOARD CREATED IN THE POLITICAL SECTION FOR THE 2016 ELECTION
Home
Help
Login
Register
Scared Monkeys Discussion Forum
>
Natalee Holloway
>
Natalee Holloway
> Topic:
Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 - 3/20/15
Pages:
«
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
»
Go Down
« previous
next »
Print
Author
Topic: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 - 3/20/15 (Read 658122 times)
0 Members and 1 Guest are viewing this topic.
klaasend
Administrator
Monkey Mega Star
Offline
Posts: 74276
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #220 on:
December 18, 2013, 06:04:13 PM »
Quote from: grace-land on December 18, 2013, 03:48:04 PM
http://www.courthousenews.com/2013/12/18/63866.htm
Wednesday, December 18, 2013 Last Update: 10:00 AM PT
No Punitives Over Dr Phil's Tabloid Tactics
LOS ANGELES (CN) - Two brothers' failure to demand a correction from Dr. Phil over secretly videotaped admissions in the Natalee Holloway disappearance doomed their chances of collecting punitive damages, a California appeals court ruled Tuesday
.
Surinam nationals Deepak and Satish Kalpoe sued Dr. Phil McGraw, Peteski Productions and CBS Paramount, who hired private investigator Jamie Skeeters to investigate Holloway's 2005 disappearance in Aruba. Skeeters met with Deepak on the pretense of exonerating him, and secretly recorded their meeting.
The show aired in September 2005, and the illicit video showed Deepak confirming that he and his brother had had sex with Holloway the night she disappeared. But after the broadcast, Deepak claimed he had not consented to Skeeters recording their meeting, denied that he and his brother had sex with Holloway and accused the producers of manipulating the video to say otherwise.
Deepak and Satish sued in 2006 for defamation, invasion of privacy, emotional distress and conspiracy. Years later, Dr. Phil and his producers filed a request to bar the brothers from presenting any evidence relating to general or punitive damages, citing a state law that requires parties seeking damages for defamation from news sources to first demand a correction or be limited to recovering only special damages.
The brothers admitted they never demanded a correction from Dr. Phil or the producers, and the trial court granted the request in 2012.
On appeal, the Kalpoes claim that the 1931 law - which was amended in 1949 to include visual broadcasts - only applies to media in the business of breaking news broadcasts, not tabloid exposes of months-old disappearances.
Writing for a three-judge panel of Second Appellate District, Judge Fred Woods noted that on its face the law in question contains nothing that limits its application to breaking news sources only. And while case-law on the issue draws a distinction between newspapers and magazines, the same cannot be said for radio and television broadcasting.
Just saw this!!
Logged
klaasend
Administrator
Monkey Mega Star
Offline
Posts: 74276
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #221 on:
December 18, 2013, 06:25:41 PM »
Quote from: CBB on December 18, 2013, 04:52:41 PM
Thanks, graceland!
Is that the end of the suit then?
I'm not 100% sure but it may very well be!
Logged
wreck
Monkey All Star Jr.
Offline
Posts: 7781
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #222 on:
December 18, 2013, 08:11:29 PM »
Now let's see who pay whose legal bills for this fiasco!!
Logged
wreck
Monkey All Star Jr.
Offline
Posts: 7781
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #223 on:
December 18, 2013, 08:22:30 PM »
http://www.courthousenews.com/2013/12/18/63866.htm
After reading the article, some of our puzzlement is a bit clearer. In 2012, we read here that even if the trial was to be actually heard in 2014 -- the Kalpoes could not present any evidence. Apparently, that is what has been on appeal by the Kalpoes. It would be my bet that the trial theoretically could still go on, but what is the point?!?
Logged
grace-land
Monkey Mega Star
Offline
Posts: 23616
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #224 on:
December 18, 2013, 09:15:18 PM »
http://www.metnews.com/articles/2013/kalp121813.htm
Wednesday, December 18, 2013
Page 1
Retraction Statute Protects ‘Dr. Phil’ in Defamation Suit—C.A.
Justices Say Law Dating to Early Days of Broadcasting Applies to All Content, Not Just Traditional Newscasts
By KENNETH OFGANG, Staff Writer
A state law barring recovery of non-economic damages in a defamation suit against a or broadcaster if the plaintiff fails to make a timely retraction demand is not limited to defendants engaged in the immediate dissemination of news, the Court of Appeal for this district ruled yesterday
Div. Seven denied a writ of mandate sought by Derek and Satish Kalpoe, who filed suit in 2006 against television host Phillip McGraw—better known as “Dr. Phil”—as well as CBS Paramount and Peteski Productions Inc., which air and produce McGraw’s daytime afternoon talk program. The Kalpoes, who live in Aruba, have been longtime suspects in the disappearance of teenaged American tourist Natalee Holloway on the Caribbean island in 2005.
The brothers claim that a private investigator working for the defendants gained their cooperation by pretending to be seeking information demonstrating their innocence, and that the show then broadcast an edited videotape that portrayed them in a false light. It showed Deepak Kalpoe indicating that Holloway had sex with him and his brother.
Deepak Kalpoe subsequently claimed that he had no knowledge of the videotaping, and that when the investigator—Jamie Skeeters, who died in 2007—asked if Holloway and had sex with him and his brother, Kalpoe shook his head and answered in the negative, and that the tape was manipulated for purposes of the broadcast.
Motion in Limine
The brothers brought their writ petition earlier this year after Los Angeles Superior Court Judge William MacLaughlin granted a motion in limine that bars them from recovering general or exemplary damages, pursuant to Civil Code §§ 48a and 48.5.
Attorneys on appeal were Thomas V. Girardi and Graham B. Lippsmith of Girardi Keese and the Chicago firm of Cremer, Spina, Shaughnessy, Jansen & Siegert for the plaintiffs and William C. Haggerty and Neil S. Tardiff of Ford, Walker, Haggerty & Behar, along with Charles L. Babcock and Nancy W. Hamilton of Jackson Walker for the defendants.
The case is Kalpoe v. Superior Court (McGraw), B246154
.
Logged
SuzieQ
Monkey Junky
Offline
Posts: 3266
Justice for Natalee
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #225 on:
December 18, 2013, 09:35:37 PM »
Logged
2 4 1
texasmom
Monkey Mega Star
Offline
Posts: 32402
ARUBA: It's all about Natalee...we won't give up!
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #226 on:
December 18, 2013, 10:16:02 PM »
Logged
I stand with the girl, Natalee Holloway.
"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.
Beth Holloway, 2015 interview with Greta van Susteren
wreck
Monkey All Star Jr.
Offline
Posts: 7781
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #227 on:
December 18, 2013, 11:20:17 PM »
Only bummer is that we don't get a trial to force testimony!
Logged
klaasend
Administrator
Monkey Mega Star
Offline
Posts: 74276
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #228 on:
December 18, 2013, 11:45:53 PM »
I'd love to be a fly on the wall when the Kalpoes heard the decision
Logged
grace-land
Monkey Mega Star
Offline
Posts: 23616
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #229 on:
December 19, 2013, 02:40:43 PM »
http://www.hollywoodreporter.com/thr-esq/dr-phil-cbs-wont-pay-666878
Dr. Phil, CBS Won't Pay Punitive Damages in Lawsuit Over Natalee Holloway Show
9:19 AM PST 12/19/2013
The story of Natalee Holloway may seem a tabloid relic by now, but Phillip McGraw, CBS Paramount Domestic Television and Peteski Productions are still mired in a 7-year-old lawsuit over a 2005 Dr. Phil episode devoted to the disappearance of the American teenager. The defendants at very least won't face the possibility of punitive damages after a ruling by a California appeals court on Tuesday.
The case is ongoing in a Los Angeles Superior Court and pending at the moment is the defendants' motion for summary judgment
. In the meantime, an appeal was pursued regarding to the judge's ruling that barred the Kalpoe brothers from introducing evidence regarding general or punitive damages for failure to demand a correction.
The basis for limiting damages in the absence of a demand for correction is California Civil Code section 48a, enacted in 1931 and amended in 1945.
Plaintiffs in libel cases can only collect "special damages" (quantifiable monetary losses) without a correction demand made within 20 days.
Logged
klaasend
Administrator
Monkey Mega Star
Offline
Posts: 74276
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #230 on:
December 19, 2013, 05:34:12 PM »
So the case is still ongoing pending a decision on the Summary Judgement.
Logged
texasmom
Monkey Mega Star
Offline
Posts: 32402
ARUBA: It's all about Natalee...we won't give up!
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #231 on:
December 19, 2013, 07:29:26 PM »
Document of the recent ruling
http://www.courts.ca.gov/opinions/documents/B246154.PDF
Logged
I stand with the girl, Natalee Holloway.
"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.
Beth Holloway, 2015 interview with Greta van Susteren
wreck
Monkey All Star Jr.
Offline
Posts: 7781
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #232 on:
December 19, 2013, 07:35:40 PM »
Quote from: klaasend on December 19, 2013, 05:34:12 PM
So the case is still ongoing pending a decision on the Summary Judgement.
... which will determine who pays for the attorney fees!
Logged
wreck
Monkey All Star Jr.
Offline
Posts: 7781
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #233 on:
December 19, 2013, 07:41:28 PM »
Quote from: texasmom on December 19, 2013, 07:29:26 PM
Document of the recent ruling
http://www.courts.ca.gov/opinions/documents/B246154.PDF
I think a material fact is wrong -- or I misunderstood what happened all this time! The court document says Dr. Phil
HIRED
Jamie Skeeters to go to Aruba and tape the Kalpoes. It was my impression that Skeeters acted on his own and
THEN
collaborated with Dr. Phil. Anyone????
Logged
klaasend
Administrator
Monkey Mega Star
Offline
Posts: 74276
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #234 on:
December 19, 2013, 09:35:13 PM »
Quote from: wreck on December 19, 2013, 07:41:28 PM
Quote from: texasmom on December 19, 2013, 07:29:26 PM
Document of the recent ruling
http://www.courts.ca.gov/opinions/documents/B246154.PDF
I think a material fact is wrong -- or I misunderstood what happened all this time! The court document says Dr. Phil
HIRED
Jamie Skeeters to go to Aruba and tape the Kalpoes. It was my impression that Skeeters acted on his own and
THEN
collaborated with Dr. Phil. Anyone????
I believe Dr. Phil hired Skeeters. I don't think Skeeters acted on his own but I could be wrong too.
Logged
klaasend
Administrator
Monkey Mega Star
Offline
Posts: 74276
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #235 on:
December 19, 2013, 09:40:22 PM »
Remember, this was early in the investigation, September 2005. Dr. Phil was planning a big show on the Natalee Holloway case. He sends Jamie Skeeters, Harold Copus and John Weeks (I think that was his name) to Aruba to interview and film the suspects and anyone close including Nadira. All for his show. So I'm pretty sure it was Dr. Phil who hired Jamie.
Logged
wreck
Monkey All Star Jr.
Offline
Posts: 7781
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #236 on:
December 19, 2013, 09:56:22 PM »
Quote from: klaasend on December 19, 2013, 09:40:22 PM
Remember, this was early in the investigation, September 2005. Dr. Phil was planning a big show on the Natalee Holloway case. He sends Jamie Skeeters, Harold Copus and John Weeks (I think that was his name) to Aruba to interview and film the suspects and anyone close including Nadira. All for his show. So I'm pretty sure it was Dr. Phil who hired Jamie.
You are right ..... I was just mistaken!
Logged
klaasend
Administrator
Monkey Mega Star
Offline
Posts: 74276
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #237 on:
December 19, 2013, 10:47:19 PM »
Nevertheless...those dirtbag Kalpoe's admitted having sex with Natalee, according to the Kalpoe's early in the investigation they said all three had sex with Natalee - the only way that would happen is by force.
They don't deserve anything, they should be in jail just like Sloot.
Logged
MuffyBee
Former Moderator
Monkey Mega Star
Offline
Posts: 44737
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #238 on:
December 20, 2013, 09:49:06 AM »
Quote from: klaasend on December 19, 2013, 10:47:19 PM
Nevertheless...those dirtbag Kalpoe's admitted having sex with Natalee, according to the Kalpoe's early in the investigation they said all three had sex with Natalee -
the only way that would happen is by force.
They don't deserve anything, they should be in jail just like Sloot.
Totally in agreement with you Klaas.
Logged
" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan
crazybabyborg
Guest
Re: Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 -
«
Reply #239 on:
December 20, 2013, 10:11:16 AM »
Quote from: klaasend on December 19, 2013, 10:47:19 PM
Nevertheless...those dirtbag Kalpoe's admitted having sex with Natalee, according to the Kalpoe's early in the investigation they said all three had sex with Natalee - the only way that would happen is by force.
They don't deserve anything, they should be in jail just like Sloot.
We all give an AMEN to that! If I understand the clippings and comments, the case is ongoing and the outcome will determine who pays the lawyers. I'd love it if any future earnings by the Kalpoes could be attached to pay the bill, because I'm sure they don't have the money to pay if the ruling goes against them. I think I'm right in saying that you can't bankrupt out of a court ordered payment.
Logged
Pages:
«
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
»
Go Up
Print
Scared Monkeys Discussion Forum
>
Natalee Holloway
>
Natalee Holloway
> Topic:
Natalee Holloway/Stephany Flores Case Discussion #868 8/16/13 - 3/20/15
« previous
next »
Jump to:
Please select a destination:
-----------------------------
FORUM RULES
-----------------------------
=> Forum Rules and Tips
-----------------------------
Polls, Polls and more Polls
-----------------------------
=> Missing Persons Polls
=> Current Events/News Polls
=> Crime and Trial Polls
=> Just For Fun Polls
-----------------------------
Missing Persons - High Profile
-----------------------------
=> Missing Persons High Profile
===> Dylan Redwine, 13yrs old, last seen 11/19/12, Vallecito, CO
===> Kyron Horman - Portland Oregon
===> Caylee Marie Anthony - Florida (BODY FOUND)
=====> Caylee's Law - by State
=======> Caylee's Law - text
=======> ALABAMA
=======> ALASKA
=======> ARIZONA
=======> ARKANSAS
=======> CALIFORNIA
=======> COLORADO
=======> CONNECTICUT
=======> DELAWARE
=======> DISTRICT OF COLUMBIA
=======> FLORIDA
=======> GEORGIA
=======> HAWAII
=======> IDAHO
=======> ILLINOIS
=======> INDIANA
=======> IOWA
=======> KANSAS
=======> KENTUCKY
=======> LOUISIANA
=======> MAINE
=======> MARYLAND
=======> MASSACHUSETTS
=======> MICHIGAN
=======> MINNESOTA
=======> MISSISSIPPI
=======> MISSOURI
=======> MONTANA
=======> NEBRASKA
=======> NEVADA
=======> NEW HAMPSHIRE
=======> NEW JERSEY
=======> NEW MEXICO
=======> NEW YORK
=======> NORTH CAROLINA
=======> NORTH DAKOTA
=======> OHIO
=======> OKLAHOMA
=======> OREGON
=======> PENNSYLVANIA
=======> PUERTO RICO
=======> RHODE ISLAND
=======> SOUTH CAROLINA
=======> SOUTH DAKOTA
=======> TENNESSEE
=======> TEXAS
=======> UTAH
=======> VERMONT
=======> VIRGINIA
=======> WASHINGTON
=======> WEST VIRGINIA
=======> WISCONSIN
=======> WYOMING
=====> Caylee Marie Anthony Murder Trial Archives
===> Sierra Lamar, 15yrs old, Morgan Hill, CA Missing Since March 16, 2012
===> JO ANN (JODIE) BAIN AND 3 DAUGHTERS MISSING 4/27/2012(2 murdered 2 safe)
===> Isabel Mercedes Celis, 6 yrs old missing 4/21/12 Tucson, AZ (Body Found)
===> Jennifer Kesse - Orlando/Ocoee, Florida
===> Susan Powell 28yrs old, missing 12/6/09 West Valley City, Utah
===> Michelle Loree Parker, Last Seen 11/17/11, Orlando, FL
===> Celina Cass, 11yrs old missing 7/25/11 New Hampshire
===> Aliayah Lunsford, 3yrs old, Weston, West VA, missing since 9/24/2011
===> Lisa Irwin, 10mo old missing since 10/4/2011 KC, MO
===> Robyn Gardner missing in Aruba August 2, 2011
=> Missing Persons - High Profile - Archives
-----------------------------
Virginia Area Missing and Murdered - possible connections
-----------------------------
=> Morgan Dana Harrington, 20yrs missing VA Tech 10/17/09(BODY FOUND)
=> Hannah Elizabeth Graham missing since 9/13/14 Charlottesville, VA
=> Alexis Murphy, missing since 8/3/13 Charlottesville, VA
=> Samantha Ann Clarke 19yrs. old Orange Va. Last seen 09/13/10
=> Dashad Sage Smith missing since 11/20/12 Charlottesville, VA
=> Cassandra Morton 23, Lynchburg, missing 10/10/09 body found 11/29/09
-----------------------------
High Profile Crimes and Trials (not missing persons)
-----------------------------
=> Jodi Arias trial - for the murder of Travis Alexander
=> Trial of George Zimmerman - 2nd Degree Murder of 17yr old Trayvon Martin
=> Scott Peterson Appeal of Murder Conviction
-----------------------------
Missing, Exploited and True Crime
-----------------------------
=> Missing Exploited and True Crime
===> Missing Persons Forum
=====> Missing Found or Presumed Deceased
=====> Missing Found Safe
=====> Missing Endangered Runaways
=====> Resourses, Search Groups and Fundraisers
===> Crimes Against Children, Elderly and the Disabled
===> Crimes of Passion/Anger
===> Serial Killers and Their Possible Victims
===> Unsolved Crimes
=====> Finally Solved
===> Haleigh Marie Cummings - Florida
===> Adji Desir - Florida
===> Somer Renee Thompson 7 yo, Orange Park FL 10/19/09(BODY FOUND)
===> Tracy Ocasio - Orlando/Ocoee, Florida
===> Shaniya Nicole Davis, 5 Fayetteville, NC Missing 11/10/09(BODY FOUND)
===> Holly Bobo, 20yrs old missing Parsons, TN 4/13/11
===> Hailey Dunn - 13yrs old - Colorado City, TX missing 12/27/10 (Body Found)
===> Elizabeth Olten - 9yrs, Jefferson City, MO missing 10/21/09 (BODY FOUND)
===> Lindsey Baum - McCleary, WA 6/26/09
===> Amber Leeanne Dubois 14yrs old - Escondido, CA(BODY FOUND)
===> Chelsea King, 17, Missing 2-25-2010 Rancho Bernadino CA (BODY FOUND)
===> Sandra Cantu, 8 years old - Tracy, CA(BODY FOUND)
===> Madeleine McCann - Portugal
===> Christine Marie Sheddy - missing since 11/13/2007 - Maryland(BODY FOUND)
===> Nevaeh Amyah Buchanan 5yr Monroe Michigan(BODY FOUND)
===> Gabriel Johnson 8 mo., last seen 12/26/09 Tempe AZ-San Antonio TX
===> Stacy Ann Peterson missing & Kathleen Savio murdered - Illinois
===> Zahra Clare Baker - 10yrs old Hickory, NC (Body Found)
-----------------------------
Natalee Holloway
-----------------------------
=> Natalee Holloway
=> Important Case Documents
===> Joran Statements/PV's
===> Paulus Statements/PV's
===> Deepak Statements/PV's
===> Satish Statements/PV's
===> Misc Statements/PV's
=> LCD Archive
=> Shango/Simian and other Codetalkers
-----------------------------
Current Events and Musings
-----------------------------
=> Monkey Musings / Open Discussion
=> Pop Culture Main
===> Hugely Popular TV Shows
===> Movies and Television
===> Social Media
===> Music
===> Books
===> Scared Monkeys Radio with Dana Pretzer
=> Health and Medical Issues
=> Food and Product Recalls
=> News of the Day
=> Business News
=> Sports
=> Political Forum
=> Religion (discussion and debate)
-----------------------------
The Monkey Lounge
-----------------------------
=> The Monkey Lounge
===> Fashion & Decorating
===> What's Cooking? Recipes
===> Games
=> Inspirational
===> Memorial - Gone but Never Forgotten
===> Gratefulness - Light a Candle in Prayer
===> Inspirational scriptures, songs, stories and prayers
-----------------------------
Natalee Discussions (2005 ARCHIVE)
-----------------------------
=> Natalee Holloway
=> Theory and Speculation
=> Links and References Only
=> Natalee Breaking News Archive
-----------------------------
General Discussions (2005 ARCHIVE)
-----------------------------
=> News Issues
=> Chit Chat
Loading...