Round 2: JCPenney Appeals Loss in Macy’s, Martha Stewart Case

jcpmacysNew York—After being referred to as “childish” by a New York court, JCPenney has returned to the courtroom, appealing a New York judge’s ruling that it must pay damages to Macy’s for interfering in that department store’s contract with Martha Stewart.

The deal was a legacy of former JCPenney CEO Ron Johnson who cut a secret partnership with Stewart behind Macy’s back in late 2011. On Tuesday, JCPenney filed a motion stating it “does not believe that money damages are warranted and is defending against any damages by exercising options for appeal.”

That’s besides the fact that last month, New York Judge Jeffrey Oing limited JCPenney’s liability for damages, arguing that the sheer embarrassment of Johnson’s disastrous deal was punishment enough.

Oing ruled Macy’s wasn’t entitled to punitive damages because Penney’s plot to steal away Martha Stewart was “childish” rather than “wanton, reckless, and malicious.”

In a written response Tuesday, Macy’s said that “in light of” JCPenney’s appeal, it will appeal Oing’s denial of punitive damages to Macy’s.

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Jeff Prine, Editor at Large, Accessories Magazine
Jeff returns as a regular contributor to Accessories magazine. Initially Jeff worked as senior editor at Accessories more than 20 years ago and his love of the industry has followed him until present. Since his tenure here, Jeff has continued to report jewelry, watch and other luxury goods trends as executive editor at Modern Jeweler magazine, fashion director at Lustre, and as contributor on products and trends for consumer and trade publications and websites. In addition to his editorial experience, Jeff also served as an adjunct instructor for accessories merchandising at Fashion Institute of Technology. jeffp@busjour.com

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