Fifteen months after Bay Guardian publisher Bruce Brugmann received a staggering $16 million judgment in his predatory pricing lawsuit against SF Weekly and its parent company, it's time he and his paper were brought back to earth, Weekly attorneys argue in an appeal filed this week with the California Court of Appeal.
The appeal follows a six-week trial at which the trial court ignored federal legal precedents as well as precedents established in other states.
The jury responded with a judgment that handed the Guardian millions in "lost profits" despite the fact that Brugmann's paper couldn't find a single advertiser to testify on its behalf -- and in one case attempted to cite a dead man as a "lost customer."
"With this appeal, judicial error, attorney contrivance, expert witness puffery, juror confusion, and statutory imprecision are now cast in the edifying light of reason and clarity," says Michael Lacey, executive editor of SF Weekly's owner, Village Voice Media, formerly known as New Times.
In particular, the Weekly appeal notes that the Guardian's case rests on a precarious claim: the assertion that California stands opposed to both the U.S. Supreme Court and other state courts on a critical element of antitrust law.
Sen. Mark Leno today announced he has introduced a "joint resolution" to end the federal crackdown on medical Marijuana use in California. While this is a matter of serious legislation, one can't help but notice the howler of a Marijuana-related "joint" resolution. Leno's spokeswoman, Ali Bay, confirmed that this was not an attempt at a cute double-entendre by the senator; "We do not have any choice in the wording." If you're going to introduce legislation simultaneously to both houses, this is what you've got to call it. So there you go. 
In addition to calling for an end to Drug Enforcement Agency Raids -- such as the one on San Francisco's Emmalyn's California Cannabis Clinic in late March, Leno's bill (SJR 14) requests the creation of "comprehensive federal policy to ensure safe and legal access to medical
Marijuana for patients who benefit from its therapeutic use."
The bill will be heard in committees later this month. Our calls to Leno and members of medical Marijuana advocacy group Americans for Safe Access have not yet been returned. More as we know more.
UPDATE, 12:35 p.m.: Americans for Safe Access Spokesman Kris Hermes notes that "there will be some people who seize upon the wording" of this "joint resolution" -- but "the real issue is the message the state is sending to the federal government that it's not acceptable to interfere in the implementation of California's medical Marijuana law."
Hermes says the votes are there for the resolution to pass the Senate and head to the Assembly, which he he expects will happen sometime in July. Since this is a non-binding resolution, Gov. Arnold Schwarzenegger's signature is not required.
UPDATE, 1:30 p.m.: Leno was less willing to predict success than Hermes -- "I don't presume anything. My experience is dealing with medical Marijuana is always a challenge. I've often said legislators are behind their voters on this issue."
He predicts it will first be heard in the Health Committee next month before moving to the floor.
