Rosie magazine row hits stalemate

The row has attracted huge media attention

A court fight between chat show queen Rosie O'Donnell and her ex-publisher over the collapse of Rosie magazine has ended in apparent stalemate.

The judge said no side had made its case and the lawsuit by publisher Gruner and Jahr was "ill-conceived".

The publisher sued Ms O'Donnell for $100m after she quit the magazine last year because of editorial differences.

Ms O'Donnell, who says she is happy the court action is over, had countersued for $125m.

"It seems to me on the issue of damages, neither side has proved any," said Manhattan Supreme Court Judge Ira Gammerman.

"Damages assume that the magazine would have been successful in the future and none of that has been established. Indeed the contrary seems true," he said.

Initial success

The judge said he would rule on any damages and liability after submissions by both sides on 17 December.

Rosie, a re-launch of magazine McCall's, was launched in 2001 with initial success but sales soon dropped.

"I'm happy with the fact that it is finally over," Ms O'Donnell said on the courthouse steps.

"I never wanted this war," she said.

She added that if damages were awarded to her they would go to charity after payment of solicitor's fees.

"Beyond question we demonstrated this morning there was no evidence of financial manipulation, no evidence of financial wrongdoing," said Marty Hyman, who represented Gruner and Jahr.

The firm had been accused of inflating circulation data to prevent O'Donnell from exercising an option to end the joint venture.