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Rosie O'Donnell, Publisher Square Off
http://story.news.yahoo.com/news?tmpl=story&u=/ap/20031030/ap_on_en_ot/rosie_magazine_suit_10
By SAMUEL MAULL, Associated Press Writer
NEW YORK - Rosie O'Donnell (news) and the publisher of her now-defunct magazine accused each other in court Thursday of destroying the publication by refusing to compromise on its content.
Related Links
• O'Donnell Legal Documents (FindLaw)
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The magazine's acrimonious 2002 demise was described in Manhattan Supreme Court, where opening arguments were heard in a lawsuit that will test the reputations of both sides.
Each said the other had broken contractual agreements.
Martin Hyman, lawyer for Gruner + Jahr USA, portrayed O'Donnell as a difficult, inflexible figure who simply abandoned the magazine. In his opening statement, he said O'Donnell's position was: "I am the boss of this magazine. ... If I don't have total control, I shut the magazine down."
But O'Donnell's lawyer, Lorna Schofield, said the magazine's editors had usurped her role in determining the magazine's content. By ignoring her wishes, she said, G+J broke an agreement that the magazine reflect O'Donnell's sensibilities.
The two sides did agree on one point — the choice of an August 2002 cover photo that included O'Donnell crystallized the dispute. O'Donnell said the photo was selected without her involvement; G+J said she threw a "tantrum" because the photo was unflattering.
First published in April 2001, Rosie was created as a joint venture between G+J and O'Donnell to rescue the failing McCall's title. Modeled in part after the successful Oprah Winfrey (news) magazine, O, Rosie got off to a strong start with circulation close to 3.5 million .
But the magazine stumbled in 2002 as conflicts emerged between O'Donnell and the editors. It folded soon after O'Donnell quit in September 2002.
G+J accuses O'Donnell of breach of contract and seeks $100 million. O'Donnell has countersued and seeks $125 million. She maintains G+J breached its agreement by cutting her out of key editorial decisions.
Hyman said that when the professionals who were running Rosie vetoed O'Donnell's potentially damaging suggestions — such as putting boxer Mike Tyson on the cover — she walked out and broke her obligation.
"Ms. O'Donnell walked away from the magazine, causing it to shut down in its second year of publication and causing hundreds of people to lose jobs and Gruner + Jahr to lose millions of dollars," Hyman told Justice Ira Gammerman.
The case will be decided by Gammerman, who has overseen high-profile cases involving Woody Allen (news) and Stephen Sondheim, rather than a jury.
Both sides said a key editorial dispute arose when a newly hired editor chose a cover photo of O'Donnell for the August 2002 edition that she deemed unflattering.
"Ms. O'Donnell hated this photo because she thought it made her look fat," Hyman said. To express her displeasure, "she threw a foul-mouthed temper tantrum."
O'Donnell's lawyer, Lorna Schofield, said her client did not like the picture for several reasons. O'Donnell, she said, saw the choice as another sign that her wishes were not being respected.
She said O'Donnell found the editor who had selected the photo, Susan Toepfer, difficult to work with and wanted the previous editor, Cathy Cavender, to return.
"She wanted things to return to the way they were when she was in control," Schofield said. She suggested that the earlier editions of Rosie better reflected O'Donnell's style.
Another key prong of the dispute is how the magazine reports its circulation numbers. Schofield charged that when sales of Rosie began to slide, G+J overstated figures to prevent her from leaving. O'Donnell's contract allowed her to walk away from the magazine if it posted particularly high losses.
The trial comes as O'Donnell prepares to launch "Taboo," a boisterous musical about Boy George — and starring Boy George in other than the eponymous role — that O'Donnell has confidently predicted will win a Tony Award next summer. She is the $10 million show's producer and single investor.
some picture editor must be a gunny!
