Carolla Podcast Trial To Start

Discussion in 'The Howard Stern Show' started by Stern68, Sep 2, 2014.

  1. Stern68

    Stern68 mult Banned User

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    Podcasts

    :laugh: :laugh: :laugh: :laugh: :laugh:


    http://www.cnn.com/2014/09/02/showbiz/adam-carolla-podcast-lawsuit/index.html?hpt=hp_c2

    (CNN)
    -- It's a sad, familiar story in Hollywood: When somebody makes it big, somebody else gets left behind. Feelings get hurt. Positions harden.

    And that's when the lawyers are unleashed.

    A jury will be chosen this week in Los Angeles to hear a case involving two old friends and a podcast. The friends, once inseparable, no longer speak. And the podcast isn't just any podcast. It is, according to the Guinness World Records, the most downloaded podcast ever, and it's hosted by Adam Carolla.

    Carolla's name will be familiar to anybody who spent time on L.A.'s perpetually jammed freeways during the late '90s. Before there was satellite radio, Internet streaming and smartphones, radio station KROQ, pronounced "K-Rock," provided entertainment to a captive audience of millions of commuters with its stable of up-and-coming talent.

    "Jimmy the Sports Guy" was none other than Jimmy Kimmel. Dr. Drew Pinsky, who now has a nightly show on CNN sister network HLN, hosted the sex advice show "Loveline," which was picked up by MTV and still airs over the Westwood One radio network.

    Carolla, a listener who often called in, eventually played a wisecracking sidekick to both of them.


    Now 50, he turned being a guy into an art form. Think Howard Stern without the leering, porn stars and strippers. Today Carolla is known for his podcast rants, live appearances and best-selling books, including his latest, "President Me: The America That's in My Head."

    "The Adam Carolla Show"gives him the exposure to sell his books and a beverage he calls "Mangria" as well as promote live shows and regular guest spots with a couple of cable TV Bills, Maher and O'Reilly.

    He probably won't be promoting this on his podcast, but Carolla is scheduled to appear live all week, and possibly next week, at the courthouse in downtown Los Angeles. It's not by choice. He is being sued by Donny Misraje, a boyhood friend who insists he was the brains behind the most popular podcast in the world. Carolla became the record holder, surpassing British funnyman Ricky Gervais by receiving nearly 60 million unique downloads between March 2009 and March 2011.

    Misraje claims he pushed his friend into podcasting when CBS canceled Carolla's morning radio show in February 2009. The podcast was an instant hit. Within a month, he says, Carolla agreed to make him a partner and promised him a 30% stake in his company, Ace Broadcasting Network. But Misraje says he wound up with nothing.

    "This was a once-in-a-lifetime friendship ripped apart by money, greed and outside influences," says Misraje's attorney, Greg Doll. "For Donny Misraje, Adam's word was his bond. It was all he needed to jump headfirst into this enterprise. Is our case a cautionary tale? Sure. Is there a tragic element to it? Absolutely."

    Podcast was immediately popular

    Misraje never got anything in writing. Still, he says in his lawsuit, he quit his $231,000-a-year television production job and came on board knowing he wasn't going to get paid for a year or more. Because Carolla was pinned down by a noncompete clause in his CBS contract, the new company couldn't solicit advertisers during its first year.

    Carolla was still getting paid under his CBS contract, but there was no way to create revenue to pay Misraje until the contract -- and its noncompete clause -- expired on December 31, 2009.

    Misraje says he took out a second mortgage to make ends meet. He convinced his wife, a Grammy winnerand top creative director, and his cousin, an Internet technical wizard, to joinas well. They also are plaintiffs in the lawsuit.

    Misraje says he was willing to stake his future on his presumed partnership with Carolla.

    Carolla, the lawsuit states, assured them everyone was "all in this for the long haul," that they would "all get rich," and would be "sending their kids to an expensive college."

    "We're taking this gamble together and it will pay off tenfold in the end," Carolla assured them, according to the lawsuit.

    It didn't turn out that way. Despite the huge success of the podcast, Misraje's 30% payday never came. He contends Carolla cut him, his wife and cousin loose as soon as the cash started rolling in. He even changed the name of the company, Ace Broadcasting Network, to Carolla Digital.

    According to the lawsuit, Carolla sent Misraje a scathing email firing his old friend. It is one of the major points in dispute. Can one partner fire another? To answer that question, the jury must decide: Was Misraje a partner, as he insists? Or was he just an employee?

    Misraje's lawsuit cites multiple examples in which Carolla credits Misraje for the podcast.

    "I want to thank my buddy Donny for setting this experiment up," he says in the first podcast, according to the lawsuit. Later, he is quoted as saying, "I'd never really heard of podcasting. Donny forced it upon me."

    Partnership disputed

    Carolla's attorney, Mark Geragos, had plenty to say about the case but did not make Carolla available for comment on the eve of trial. Geragos, who's a legal analyst for CNN, says that Misraje is seeking a big payday by taking advantage of an old friend. The suit, which alleges breach of contract, seeks a dissolution of the partnership, an accounting, and unspecified monetary damages.

    It wasn't just Misraje's brainchild, Geragos said. Others also were responsible for convincing Carolla that podcasting and streaming on the Internet were the wave of the future, he added. The lawyer dismissed Misraje as "just a hanger-on, trying to cash in on an old friend." And yes, Hollywood is full of such people. "Donny is a rather pathetic character," Geragos added, describing his lawsuit as "nonsense."

    "There was no partnership," Geragos insisted. "He wants a piece of Adam into perpetuity. But my understanding is, we've outlawed slavery in this country."

    In a half-hour phone conversation with CNN, Misraje, now a producer for "The Queen Latifah Show," talked about the old days and a friendship that he valued and lost.

    "We're definitely not friends. It's, it's wrenching," he said. "We were like brothers for 30 years. The relationship was extremely close and tight, and it came to an abrupt end."

    Carolla also has told his personal story widely -- on his podcasts, in his books and in countless interviews. He often has said he didn't get a lot of attention as a kid and that sports, and his friends, grounded him.
     
  2. check1

    check1 VIP Extreme Gold

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    JHIG.
     
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  3. pontius pilot

    pontius pilot #TeahmGandhiStarver VIP

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    this trial might be interesting.
     
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  4. OV

    OV Rapscallion

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    Although it sounds like Adam is screwing him over which is a shame, still and all he should have gotten these arrangements specified and agreed to in a binding legal document.
     
    pontius pilot likes this.
  5. Joe Bauers

    Joe Bauers Well-Known Member

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    What's he saying ,Robin ? I can't read all that shit.
     
  6. check1

    check1 VIP Extreme Gold

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    If I remember correctly, Adam seems to think contracts are unnecessary.
     
  7. YokoOhNo

    YokoOhNo Well-Known Member

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    geragos is one of the bigger piece of shit lawyers, and that's saying something.
     
    kingship likes this.
  8. SouthernListen

    SouthernListen I don't follow the crowd. Sorry about that. VIP

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    Both parties in the suit are said to agree that had Carolla gone with Howard Stern's offer, there would not be any problems. Especially as 30% of zero is zero.
     
  9. Petal

    Petal A girl in a sea of mults VIP

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    Isn't Adam also involved in some kind of patent trolling lawsuit, as well?

    Sounds like he's going to be spending lots of 2014/2015 at the local courthouse.
     
  10. Divorce Chicken

    Divorce Chicken white punk on dope VIP

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    Adam's the star here Robin. Everyone else can be replaced.
     
  11. chriscodisco

    chriscodisco Member Banned User

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  12. Alisonsbankacct

    Alisonsbankacct Out to lunch.

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    The patent troll dropped their lawsuits. Apparently podcasts don't make the money the trolls assumed they did and there wasn't going to be a pot of gold at the end of the lawsuit rainbow after all, according to some articles I read last week.
     
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  13. Petal

    Petal A girl in a sea of mults VIP

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    Alisonsbankacct and chriscodisco like this.
  14. Alisonsbankacct

    Alisonsbankacct Out to lunch.

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    Obviously Adam could be totally in the wrong here - the facts will come out. But I listened to those early podcasts and Donny was frequently stoned, fucking up, argumentative and so on. Interesting Adam didn't settle the case.
     
  15. HorseFanNetwork

    HorseFanNetwork Well-Known Member

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    oh wow is that what happened. Well good to see that was settled.
     
  16. Stinkfist

    Stinkfist Well-Known Member

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    I guarantee Carolla has more listeners than Wiggy at this point.
     
  17. Hamptons

    Hamptons Well-Known Member

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    So the guy can land a $231,000 TV production job but can't get a contract or any document signed what a doofus
     
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  18. fooxeer56

    fooxeer56 Active Member

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  19. Alisonsbankacct

    Alisonsbankacct Out to lunch.

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    Part of the reason I listen to Adam is because the guy does a daily show and I don't need an abacus and a calendar to figure out if he will be working that day.

    I wake up and an episode has already been downloaded and is ready to play. Like it's 2014 or something :)
     
  20. shitba

    shitba Shot Dead VIP

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    .....
     
    Last edited: Apr 10, 2016