U.S. District Judge Anne Traum on Wednesday rejected the Las Vegas Sun's bid for an emergency order compelling the Las Vegas Review-Journal to resume printing and distributing the Sun as a morning insert. The ruling follows a two-day evidentiary hearing held six months ago and nearly seven months after courts allowed the Review-Journal to halt production of its longtime competitor.
Traum wrote that "most of the relief that the Sun seeks is unlawful," denying requests for a subscriber list and a prohibition on terminating the joint operating agreement until 2040. However, the judge left open the possibility of reviving a dormant 1989 joint operating agreement, which would require the Review-Journal to print and deliver the Sun as a weekday afternoon newspaper and as part of weekend and holiday editions.
The Review-Journal argued the 1989 pact was replaced by a 2005 agreement that the 9th U.S. Circuit Court of Appeals voided last year. While Traum declined to rule that the 1989 arrangement cannot be revived, she stated the Sun would face "severe obstacles" to printing without a joint operating agreement and noted the RJ provided evidence that afternoon distribution would significantly impact its bottom line.
RJ Chief Legal Officer Ben Lipman said the court agreed the paper cannot be required to distribute a "nonexistent, afternoon Sun newspaper to nonexistent, afternoon Sun subscribers based on a contract the parties thought they got rid of decades ago." Sun attorney Kristen Martini cast the ruling as a victory, stating it confirms the Sun's claims will proceed to trial. Both sides expressed confidence in ultimately prevailing.
Sources: Las Vegas Review-Journal
Original reporting: Las Vegas Review-Journal →
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