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Report
Archive:
April 9,
2002: Akre Appeal and Documents
April 9, 2002: Wilson Appeal and
Documents
November 2, 2000: JURY VERDICT STANDS
October 12, 2000: JUDGE RELUCTANT TO
SET ASIDE JURY VERDICT Fox gets 15 days to
submit new brief
September 7 2000: BOTH SIDES APPEAL
JURY VERDICT Trial judge will hear arguments October
12
August 26, 2000: VERDICT DOESN'T STOP FOX
FROM CONTINUING TO DISTORT THE NEWS News, Analysis and
Commentary about how Fox twists news of verdict and reports
"total vindication"
August
18, 2000: VICTORY IN
COURT! Full coverage of the jury's decision in the
Fox/BGH suit
August
5, 2000: Guest
Editorial
July 27, 2000: Trial Coverage: Days
8-9 Startling Admission from Fox V-P Who Fired
Wilson/Akre
July 26,
2000: Trial
Coverage: Day 7 V-P News Lays Claim To Insanity
Defense
July 24, 2000: Trial Coverage: Day
6 Second week of trial begins
July 21, 2000: Trial Coverage: Day
5 Week one ends with a bang; Fox seeks mistrial,
Judge says no
July 20, 2000: Trial Coverage: Days
3 and 4
July 18, 2000: Trial Coverage: Day
2
July 17, 2000: Trial Coverage: Day
1
July 14, 2000: Justice For Sale In
Tampa? Finally at the
courthouse, litigants can't afford to use the courtroom
facilities
July 12, 2000: Fox Loses Key
Motion; Jury Is Seated Plaintiffs do not have
to prove Fox guilty of violating Communications Act
July
8, 2000: Potential Landmine
Could Derail Entire Case
June 30, 2000: Judge Steinberg
Ready To Get Case Back On Track
June 26, 2000: Another Judge Says
'No' to Hearing Wilson/Akre v Fox Case
June 21,
2000: Still No
Judge To Hear Fox/BGH Case While Foxes Dishes More Distortion To
WTVT Tampa Viewers
June 16,
2000: Trial
Date Pushed Back Again; New Judge To Be Selected
June
8, 2000: Fox Manager
Who Fired Akre and Wilson In Tampa Gets Big
Promotion David Boylan Flies Into The Sunset to Manage
KTTV, Los Angeles
June 6, 2000: Fox Trial Will Start
Sooner Than Expected It will proceed in the heat of the
summer, probably in July
May 25, 2000: Fox Trial Will Not
Start June 12 as Scheduled
May 18, 2000: Fox Still Stalls on
Testimony of Its president Mitchell Stern Pre-trial hearing
is otherwise uneventful
May 8,
2000: Ralph
Nader Testifies About Broadcasters' Public Interest
Requirement Presidential candidate gives testimony at
pre-trial depo
May 5, 2000: Court-ordered
Mediation Is Brief and Unsuccessful Trial set to begin June
12
April 28,2000: Fox
Challenges rBGH Experts At Depositions Fox lawyers laying
ground- work to tell jurors experts are cancer
scaremongers?
April 26,2000: Walter
Cronkite Testifies on Behalf of Akre & Wilson Fox lawyers
lodge objections
October 19: Fox
Lawyers Insist On Secrecy At Deposition French TV
Ejected
October 18: FDA Wants Comments on G-M Foods Public
Meetings Start in November
October 13: Judge
Rules: Trial Will Proceed: Defense loses third effort to have
case dismissed
September 24: MSNBC:
Gene-modified foods might get labels: Industry weighs
voluntary steps, U.S. studies options as well
September
20: Trial Still Set to Start Soon: Busy Docket Delays
foxBGHsuit
August 4: MSNBC:
Mutable Feast: Will the fight over gene-altered food
products leapfrog across the Atlantic?
June 30: Consumers International: UN Health Group
Shuns BGH
June 1: New York
Times: Farmers Right To Sue Grows - Food Warning Muzzle
Likely
May 10: Corporate
Crime Reporter: Monsanto Officials Join Leading Consumer,
Environmental Groups
May 3: Fox
Deceives Viewers in Primetime, Too Net Admits Staging
after INSIDE EDITION Report
April 30: Democracy Group Award to Akre/Wilson Fired
Reporters Cited for "Courage in Journalism"
April 29: New
Trial Date is October 11 Fox Piles On Big-Name
Lawyers
April 17: Clinton
Lawyer Joins Fox Legal Team David Kendall Involvement
Confirmed in Letter to Monsanto
April 16: Fox
Pleads for Another Delay Later Trial Date to be Set April
29th
April 1: Judge
Says BGH Case Will Go To Trial Opening Gavel Falls May
10th
February 16: PENTHOUSE Exposes BGH, Fox Coverup:
First-rate story of BGH situation and lawsuit against Fox TV
(rated G -- no nudity, just the story)
January 25: ENS Summary of BGH Developments
January
14: How Fox Wanted to Slant News of Canadian
Concerns Canadian BGH Concerns Were Big Issue In Firing
of Fox Reporters
January 14: Canada Says NO to BGH!
Read
the CBC Story or 
January 14: Health Canada Rejects Bovine Growth Hormone in
Canada Government News Release
December
16: Akre & Wilson Win Courage Award For Work
On Story Which Cost Them Their Jobs
December 15: ABC
NEWS Catches Up on BGH Read the ABC Story or 
November 7: FOX Legal (8/28)
Answers to Reporters' Complaint Now
Available
November 1: Monsanto and
Fox: Partners in Censorship PR Watch - Showcase
Article
October 30: Canadians Probe Coverup Claim
Read
CBC Story or 
October 24: Reporters
Get Top SPJ Ethics Award
October 22: BGH Issue
Explodes in Canada: Read
CBC Story or 
October 7: SECRET
Canadian Study Leaked... ...BGH safety questions
unanswered?
Sept 13: Akre-Wilson Depos Start
Sept
10: TIMES/St. Petersburg SP Times covers NutraSweet flap
Sept
10: Our Story: Fox Still Protecting Monsanto?
Sept 8: Fox Pulls Plug on NutraSweet Foe
Sept
1: Reporters Respond To Defense
READ story FOX-TV refused to air... or 
July 14: Judge
refuses to dismiss all but one count of reporters'
suit
July 5: OBSERVER/London Digger Still
Plays Dirty
July 1: Depositions Continue, Trial Date Set
June
7: TIMES/St. Petersburg Akre/Wilson
Preparing FCC Complaint
May 26: Judge
rejects Defense motion for Protective Order
May
25: WEEKLY PLANET/Tampa: Grazing A
Stink - - -Don't Have a Cow
May 23: NEW YORK
TIMES: (Silenced) Reporters... Post Web Site
May
21: Wilson/Akre demand on-air correction
April
29: FOX-TV asks court: Dismiss
case and Delay depositions
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Reporters' Victory
Affirmed
JUDGE RULES JURY VERDICT SHOULD NOT BE SET
ASIDE
By STEVE WILSON AND JANE AKRE
 Atty JOHN
CHAMBLEE Preserved The Victory
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TAMPA (November 2, 2000)-- After patiently listening to
many of the same arguments Fox Television lawyers have
presented before, Florida state court Judge Ralph Steinberg
ruled today he sees no strong basis to overturn his previous
rulings or the jury verdict in the case of whistleblowing
reporters Jane Akre and Steve
Wilson.
In a separate ruling, Steinberg
also |
said that he did not have
discretion to hear
Wilson's request for a new trial because the reporter missed
by four days the statutory deadline for filing papers with the
court. The investigative reporter says the jury was
unable to return a verdict for him because of faulty juror
instructions.
Today's decision means the jury's verdict in favor of Akre and
its $425,000 damage award to her will be officially entered,
leaving both Wilson and Fox the opportunity to appeal to a
three-judge panel at Florida's Second District Court of
Appeals. Fox is
certain to appeal and has 30 days to file formal notice of its
intention to do so. The broadcaster must also post an
$850,000 bond to assure payment to Akre if the appeal is not
successful--but the reporter will not get a penny of the award
while the matter continues to drag through the judicial
system. The next level of the process is expected to
take at least a
year. At
the outset of today's hearing, Judge Steinberg asked Fox
attorney William McDaniels if he had found anything new to
support his motion that the jury's verdict be set
aside. "Yes,
your Honor, we have," McDaniels said before reviewing a
two-year old case the defendant has cited before. The
lawyer who headed the losing effort at the five-week-long
trial last summer is a member of the firm Williams &
Connolly of
Washington.
Akre was represented Thursday by John Chamblee and Tom Johnson
of the same firm that won a favorable verdict from the jury
last August 18. Chamblee has since left the Tampa area
to concentrate on work at a company involved in several
ventures on behalf of actress Sandra Bullock who is Chamblee's
niece. The attorney has continued to fly back to Tampa for
court hearings in the
matter.
At this morning's hearing, McDaniels argued that a 1998 case
(AT&T v Pacific Bell) supported his position that
it is technically not against any law, rule or regulation for
a television licensee to use the public airwaves to present
false and distorted news
reports. To prevail under Florida's
whistleblower law, a plaintiff must prove he or she was fired
or otherwise retaliated against by an employer, either for
refusing to participate in or for threatening to report an
activity that is against any law, rule or regulation. A
six-member jury unanimously concluded that Akre was fired for
threatening to report Fox's Tampa television station to the
FCC after she and Wilson were pressured to broadcast false and
distorted news reports about an artificial hormone in
milk.
In the AT&T case, the court ruled that "the FCC is
empowered to announce its filings by order rather than
codified regulation, and its orders have the full force and
effect of
law."
Chamblee cited a whole line of cases stemming from an FCC
decision known as Hunger In America in which the
commission set forth its anti-news distortion policy and vowed
to take action whenever broadcast licensees act
inappropriately by willfully distorting news reports.
.
Fox conceded such FCC orders and opinions that have set forth
anti-distortion rules are "enforceable and have the force and
effect of law" but argued they just cannot qualify as a
statute or ordinance, nor as a "rule or regulation adopted
pursuant to any federal statute" as required by the language
of Florida's Whistleblower
law.
"An order," Fox lawyers wrote in their motion to the court,
"even one with the force and effect of law, is not a 'law,
rule, or regulation' under the (state) Whistleblower
Act."
The defendant also made another run at its oft-repeated claim
that the reporters never really threatened to disclose Fox
misconduct to the FCC before receiving their termination
notices. Such notification is also part of the Florida
law. Akre
attorney Chamblee insisted there was plenty of evidence at and
before the trial that such notice was given and,
obviously, the jury believed it, he
said. With regard to
the claim that no law was violated when Fox lawyers pressured
its reporters to lie on the air, Chamblee said that the courts
have affirmed that the FCC's mandate that licensees of the
public's airwaves act in the public interest. "The FCC
is empowered to issue rulings by order and that has the effect
of law." he
argued.
"None of that has changed since the Hunger in America
case more than 30 years ago when the FCC ruled it was a 'most
heinous act against the public interest' for any licensee to
falsify, slant or distort a broadcast news report," he said,
brimming with
frustration. Akre and
Wilson, who are married and remain unemployed since their
firing, were both terminated by Fox in December of 1997. They
filed suit in April 1998. The case is the first time
journalists have used a whistleblower law to report the
misconduct of their own news
organizations.
At the end of the hearing, Judge Steinberg, who leaves the
bench at the end of December, told both sides, "I've
heard enough, I've struggled with this, it's not absolutely
clear in my mind, however I don't see any strong basis to
overturn what I've done. I'm going to deny the motion
and let it stand as it is not absolutely clear and I don't
want to substitute my judgment for the
jury. "Motion
for a directed verdict is denied," he
ruled. |
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