Dauman’s attorney countered that the anecdote instead showed Redstone was slipping as he would never entrust Kleiger, then a relative stranger, with such a message.

“Does this sound like the act of a competent man?,” Fagen asked. “Or does it sound like a man who’s kind of left in prison trying to get a message out?”

On Monday, Viacom’s controlling shareholder, Redstone’s National Amusements Inc., amended the media company’s bylaws to ensure that Dauman doesn’t move ahead with any deals involving Paramount without the unanimous consent of Viacom’s board of directors. Sumner and Shari Redstone are both on Viacom’s board.

The case is Dauman v. Redstone, 16-E0020, Massachusetts Probate and Family Court, Norfolk County (Canton).

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