California Court of Appeal

In Bay Guardian's suit against San Francisco Weekly (competing alternative newspapers in the San Francisco Bay Area) claiming unfair competition under California law for offering advertising to business entities at a rate lower than was provided by the Bay Guardian, jury verdict in favor of the plaintiff for approximately $16 million is affirmed where: 1) trial court did not err by failing to instruct the jury on recoupment of losses as an element of the action, by limiting the presentation of defense evidence on recoupment, or by denying defendants' motions for judgment based on lack of evidence recoupment as recoupment losses by the defendant is not a requirement to prove a violation of section 17043; and 2) trial court's instructions on the purpose to harm a competitor and the statutory presumption of improper purpose were not erroneous.

Appellate Information

• Decided 08/11/2010
• Published 08/11/2010

Judges

• Dondero, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Paul D. Fogel, Joseph A. Hearst