Wednesday, October 13, 2010

NJMG loses bid for preliminary injunction

Bergen county jail 1Image by Ari Hahn via Flickr
The dome of the Bergen County Courthouse in Hackensack is visible behind the old county jail.

Superior Court Judge Harry G. Carroll has denied North Jersey Media Group's request for a preliminary injunction to stop a competing newspaper from printing legal notices.

The Record of Woodland Park and the Ridgewood News, two NJMG publications, filed suit on Aug. 10 against The Press Journal, which is owned by the Bergen Newspaper Group, alleging their competitor wasn't legally qualified to publish "Official Advertisements" in Bergen County.

NJMG claimed The Record could be viewed as "a less complete source of information, thus causing it to lose readers, an irreparable harm that would never be compensable by monetary damages."

(Pashman Stein, the Hackensack law firm representing NJMG, appears to have coined a new word: "compensable," or at least one I am not familiar with. Why not just say "compensated"? This is what the spoiled Borg sibs get in return for their $400 an hour. I guess Jennifer A. Borg, Esq., couldn't tear herself away from Zabar's and file this suit herself.)

Of course, one could argue The Record already has become "a less complete source of information" -- because of far less local news, and food and education coverage and far more wire service content. 

The judge's decision noted The Press Journal charges as little as 34 cents for each line of such legal notices, which represents 22% of its revenue. It has been printing them since 1957. The Record, on the other hand, has a larger circulation and charges 72 cents per line.

The Press Journal argued:
Budget-strapped municipalities will thus face higher costs
and hence the public interest disfavors such an injunction, which defendant
contends would constitute nothing more than a prior restraint on its right to publish legal notices.

Click on the following link for the judge's complete written decision:

Written decision in NJMG v. Bergen Newspaper Group
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  1. Two newspapers fighting over legal two old geezers fighting over the last tea biscuit.

    I wonder what other lawsuits the company is involved in...naturally, they don't tell us anything. Kind of sad when PayDirt, the company newsletter, is prepared by the marketing department.

    Maybe if they did a better job informing their employees and getting them a little more involved, people wouldn't feel so bad about where they work.

  2. Don't hold your breath. You're just a body, and God forbid you use "company equipment" or the "company computer" for any other purpose than your job. You're constantly being monitored by goons working for Jennifer A. Borg, Esq. -- your phone calls, your e-mail, Better not slip up or you'll be out of there. And don't complain about working conditions -- you'll get a good talking to.

  3. The thing about losing the battle over legal notices is that the lack of a monopoly on that cash cow lowers the value of the paper in a sale. Ain't that a sha-a-a-me.


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