AAN News
SF Weekly Asks Judge to Overturn Verdict in Bay Guardian Casenew
The motions, which were filed earlier this week, ask Superior Court Judge Marla J. Miller to order a new trial if she won't reverse the verdict in the predatory-pricing case, the Weekly reports. The thrust of the Weekly's motion: That the Guardian didn't offer "any actual evidence of an illegal below-cost pricing conspiracy," that the verdict "violates the Weekly's First Amendment and due process rights," and lastly that "the trial was riddled with legal error that unfairly shifted the burden of proof onto the defense." If the judge denies the new motions, the Weekly says it and Village Voice Media intend "to take the case to the California Court of Appeals, which in turn would trigger a process expected to take up to eighteen months."
SF Weekly |
06-12-2008 2:31 pm |
Industry News
SF Weekly Asks for Stay of Judgment in Bay Guardian Casenew
Weekly attorney Rod Kerr last week argued for a stay of the predatory-pricing trial's $15.6 million judgment until 10 days after Judge Marla Miller rules on post-trial motions, which could have delayed the enforcement until July 28, the Guardian reports. Kerr said that the current economic turmoil combined with the company's belief that the judgment amount would be substantially lowered during post-trial rulings made it hard for Village Voice Media to secure a bond for the full amount. The judge granted a stay, but only until June 18. She also said she'd allow "the defendants to return to court to ask for more time if they can provide evidence showing how it will result in a bond being issued," according to the Guardian. When reached by AAN News, a representative from VVM said the company had no comment on last week's development. Both sides will appear in court July 8 for post-trial motions, including one by VVM to throw out the verdict and order a new trial.
San Francisco Bay Guardian |
06-11-2008 8:29 am |
Industry News
Three AAN Papers Honored in Greater Bay Area Journalism Awardsnew
In the 31st annual awards competition, sponsored by the San Francisco Peninsula Press Club, the Palo Alto Weekly, SF Weekly, and San Francisco Bay Guardian all took home awards in the Newspapers: Non-Dailies division. Palo Alto Weekly -- and its online home, PaloAltoOnline.com -- won a total of nine awards, including first-place finishes in Analysis, Entertainment Review, and Page Design. The paper also finished in a second-place tie with SF Weekly for General Excellence. Speaking of the Weekly, it took home a total of four awards, including firsts in Sports Story and Technology Story, where it shared first place with the Bay Guardian. The Guardian also took home four awards total, with that shared first in Technology Story, plus firsts in Columns-News/Political and News Story.
San Francisco Peninsula Press Club |
06-10-2008 8:13 am |
Honors & Achievements
Judge Raises Damages and Issues Injunction Against SF Weeklynew
As expected, San Francisco Superior Court Judge Marla Miller on Monday raised the amount the Weekly must pay in damages to the San Francisco Bay Guardian, from $6.3 million to $15.9 million. Miller also issued a 10-year injunction, barring the Weekly from selling display ads below cost, the San Francisco Chronicle reports. In the lawsuit, the Guardian accused the Weekly and its parent company Village Voice Media of selling ads below cost with the intent of harming the Guardian. A jury ruled in favor of the Guardian in March. SF Weekly still plans to appeal. Read more on the latest ruling from the Weekly and the Guardian.
San Francisco Chronicle |
05-21-2008 8:58 am |
Industry News
Judge Says She'll Raise Damages Award in SF Weekly/Bay Guardian Casenew
Judge Marla Miller of San Francisco Superior Court said Friday she's inclined to boost a jury's damages award against the Weekly from $6.3 million to $15.6 million, the San Francisco Chronicle reports. Miller, in what she described as a tentative decision, said she would triple the portion of the damages that equals one year of losses, bringing the total to $15.6 million. She also said she'll likely issue an injunction barring the Weekly from continuing to sell ads below cost. She is expected to make a final ruling this week. The Weekly says it will appeal. Read more from the Bay Guardian and the Weekly.
San Francisco Chronicle |
05-12-2008 10:41 am |
Industry News
Three Alt-Weekly Writers Up for James Beard Awardsnew
AAN members are once again well-represented in the list of finalists for this year's James Beard Foundation Journalism Awards. Robb Walsh of the Houston Press and SF Weekly's Eliza Strickland are both nominated in the Newspaper Feature Writing About Restaurants and/or Chefs category, while Westword's Jason Sheehan is nominated in the Restaurant Reviews category. Winners will be announced June 8 at a reception in New York. The awards recognize and honor excellence and achievement in the culinary arts.
James Beard Foundation |
03-25-2008 8:34 am |
Honors & Achievements
More on the Bay Guardian/VVM Verdict
"There's more to the Bay Guardian-VVM fight than ill will and purple prose," writes Boston Phoenix media reporter Adam Reilly. "The two sides have predictably divergent takes on the merits of the outcome. But they agree that its legal ramifications go far beyond the Bay Area and the alt-weekly universe." Guardian publisher and editor Bruce Brugmann tells the Phoenix that the suit sets an example for small businesses everywhere. "Everyone can use our suit as a model and template for any big chain that's coming in and trying to predatory-price them," he says. But SF Weekly attorney Jim Wagstaffe thinks that if the judge grants the Guardian's request for an injunction for the Weekly to stop all below-cost sales as the case winds its way through the courts, "the result here could dramatically harm consumers. If every one of [a publication's] ad sales is scrutinized to make sure it's not, quote-unquote, too low, then what'll happen is, publications will raise their prices to avoid getting sued." The Guardian notes that interest will accrue on the judgment at a rate of 10 percent a year. "That means the Weekly and VVM will be paying $4,000 a day in interest for as long as they seek to dispute and appeal the jury decision," the Guardian reports.
Boston Phoenix | San Francisco Bay Guardian |
03-12-2008 8:35 am |
Industry News
Reaction Pours in to Verdict in Bay Guardian/VVM Trial
A number of stories and blog posts have come out since a jury ruled in favor of the Bay Guardian in its predatory pricing suit against SF Weekly and Village Voice Media yesterday. Here are some:
- The Associated Press via the San Jose Mercury News: "SF Weekly Ordered to Pay Rival $15M for Predatory Pricing Ads"
- East Bay Express: "Guardian Wins $15 Million, Express Not Affected"
- Editor & Publisher: "Bay Guardian Awarded $15.6 Million In Lawsuit"
- The Georgia Straight: "SF Guardian Wins 'David and Goliath' Suit Over Village Voice Media's SF Weekly"
- San Francisco Chronicle: "Bay Guardian Wins Suit with SF Weekly"
- SF Weekly: "Ka-Ching!"
- SF Weekly: "Who You Callin' Guilty?"
AAN |
03-06-2008 9:47 am |
Industry News
Jury Rules in Favor of Bay Guardian in Suit Against VVM
The jurors handed down their decision in the Guardian's predatory pricing suit against SF Weekly and Village Voice Media today, awarding the Guardian more than $6.39 million in damages. Under California law, part of that verdict is subject to treble damages, bringing the total award to $15.6 million. The Weekly has indicated that it will appeal the decision. Read VVM's statement on the verdict here. The Guardian has a story on the verdict here.
SF Weekly | San Francisco Bay Guardian |
03-05-2008 5:30 pm |
Industry News
Jury Still Deliberating in Bay Guardian/VVM Trial
The 12 jurors will reconvene to consider the case this morning. For more, check the most recent blog posts from the SF Weekly and the Bay Guardian.
SF Weekly | San Francisco Bay Guardian |
03-04-2008 8:28 am |
Industry News
Bay Guardian/VVM Trial Goes to the Jurynew
The jury began deliberations on Friday and will resume this morning. Both the SF Weekly and the San Francisco Bay Guardian need nine of the 12 jurors to take their side in order to win the case. "Much like two candidates in the final days before an election, attacks from both sides are getting increasingly personal as a verdict nears," the San Francisco Chronicle reports. The daily says the trial has brought to light financial data that call into question whether the city can support two alt-weeklies at "a time when newspapers are consolidating to stay alive." Local blogger Randy Shaw agrees.
"Maybe the San Francisco market can't support two alternative weeklies," he says. "It's likely, after the outcome of this court case, there might only be one left standing." For the most recent coverage, check out the trial blogs from the Guardian and the Weekly.
San Francisco Chronicle | SF Bay Guardian | SF Weekly |
03-03-2008 8:26 am |
Industry News
Closing Arguments in Bay Guardian/VVM Trial Set for Thursday
The last three witnesses took the stand yesterday in the Guardian's predatory pricing trial against SF Weekly and Village Voice Media. Guardian publisher and editor Bruce Brugmann and associate publisher Jean Dibble were brought back to the stand, this time by the Weekly's attorneys; they were followed by Bay Area publisher Bill Johnson, whose papers include AAN members the Palo Alto Weekly and Pacific Sun. The trial takes a day off today, and closing arguments begin Thursday morning. For more details, read the latest from the Weekly and the Bay Guardian.
SF Weekly | San Francisco Bay Guardian |
02-27-2008 9:05 am |
Industry News
Bay Guardian/VVM Trial Will Likely Go to the Jury This Week
The predatory pricing trial is winding down and it is now expected that the case will go to the jury either Tuesday or Wednesday (the trial takes a day off today). On Friday, the SF Weekly's expert CPA, Everett P. Harry, continued his testimony and Jeff Mars, Village Voice Media's vice president for financial operations, also took the stand. The Guardian says the Weekly's witnesses "make the Guardian's case," while the Weekly says the Guardian's lawyers were focusing on "imaginary evidence." Meanwhile, Editor & Publisher columnist Mark Fitzgerald checks in on the trial, and on the daily blog dispatches from each side, and finds that "the Guardian and SF Weekly are covering the trial with reports that are gleefully unconcerned about appearing objective, and recall the great newspaper feuds of yesteryear."
San Francisco Bay Guardian | SF Weekly | Editor & Publisher |
02-25-2008 9:33 am |
Industry News
Dueling CPAs Take the Stand at the Bay Guardian/VVM Trial
Bay Guardian expert CPA Clifford Kupperberg continued his testimony yesterday in the paper's predatory pricing trial against SF Weekly and Village Voice Media. The next witness was the Weekly's expert CPA, Everett P. Harry, who argued that Kupperberg's testimony was flawed. For more on the trial, check out these blog posts from the Weekly and the Bay Guardian and this week's editor's note from the Guardian. The trial resumes today.
SF Weekly | San Francisco Bay Guardian |
02-22-2008 2:27 pm |
Industry News
Bay Guardian Expert Testifies in VVM Trial
Damages expert Clifford Kupperberg continued his testimony on Wednesday in the Guardian's predatory pricing trial against SF Weekly and Village Voice Media. He put forth six "damage models," which estimated the financial toll on the Guardian by the Weekly's alleged below-cost sales at anywhere between $4 million to $11.8 million. For more details, check out the reports from the Bay Guardian and from the Weekly. The trial resumes today with continued cross-examination of Kupperberg.
San Francisco Bay Guardian | SF Weekly |
02-21-2008 12:14 pm |
Industry News
