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.
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."
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.
As we reported yesterday, Lacey's Phoenix New Times is charging Maricopa County officials with violating his and Jim Larkin's constitutional rights, and with malicious prosecution, racketeering and conspiracy in conjunction with their October arrest for publishing the contents of a grand jury subpoena. "The critical question is: How do they get to the point where they believe that they have the right to arrest journalists in the middle of the night and subpoena the identity of the people that read our newspaper? They didn't get there overnight," the New Times founder and Village Voice Media executive editor tells the Arizona Republic. "They began by abusing prisoners, and there was a staircase escalation where they were never stopped."
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.
The paper yesterday filed a formal Notice of Claim against the officials responsible for the October blowup which ended with the paper's founders in jail. The notice, which is required by Arizona law to be filed before government officials can be sued, accuses the defendants of violating Michael Lacey's and Jim Larkin's constitutional rights, with malicious prosecution, racketeering and conspiracy. The paper is asking for $15 million in damages if the matter is settled before April 15. "If New Times is required to pursue litigation, the settlement demand will increase," the notice warns. "This is not a decision undertaken lightly," says Lacey. "But I feel like if we don't do something, it's an invitation for this kind of behavior to continue." The County Attorney's office, which is named in the claim, dismisses the legal maneuver as "frivolous," with a spokesman telling the Arizona Republic: "We are confident that it will be exposed as the bunk it is."
SF Weekly publisher Josh Fromson took the stand on Friday and remained there until Tuesday (there was a day off on Monday for President's Day), and Bay Guardian expert witness Clifford Kupperberg also appeared before the court Tuesday. For more details, check out the reports from the Weekly, which says Kupperberg talked about "imaginary profits and damages," and the Guardian, which says Fromson "dodge[d] the facts."
Harvard Univ. economics professor Dr. Joseph Kalt and newspaper analyst John Morton testified on Village Voice Media's behalf on Thursday. Former SF Weekly publisher Troy Larkin also took the stand. SF Weekly reports on the testimony of Kalt, Morton and Larkin, while SFBG sticks with Kalt and Morton for now. The trial resumes today with the cross-examination of Larkin.
The predatory pricing trial resumed yesterday after taking Tuesday off. Village Voice Media chief financial officer Keating finished his testimony, and three more witnesses were called: Jennifer Vernon from Live Nation (formerly Clear Channel Concerts); James Higginbotham of International Demographics, the company that runs Media Audit; and the SF Weekly's expert witness, economics professor Joseph P. Kalt. For more details, check out reports from the Guardian and the Weekly.
Village Voice Media chief financial officer Jed Brunst and former SF Weekly publisher Chris Keating took the stand yesterday in the predatory-pricing trial. In its wrap-up, the SF Weekly focuses on the part of Brunst's testimony that offered "evidence that Weekly rates have been going up over time," not down. The Bay Guardian, on the other hand, focuses on the "huge amounts of cash" the Weekly and the East Bay Express had lost under New Times/VVM control. The trial takes a day off today for Lincoln's Birthday, and will resume on Wednesday.
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