Is there a write up of the decision?

Discussion in 'The Howard Stern Show' started by Beth143nacho, Apr 13, 2013.

  1. Beth143nacho

    Beth143nacho Well-Known Member VIP

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    Is there a writeup of the legal decision that essentially told Howard to go fuck himself?

    I wonder if they added in any other nuggets (like his contract) and/or what his lawyers reasoning was.
     
  2. Pigsaw

    Pigsaw Well-Known Member

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    Here it is...
    [SIZE=+1][*1]One Twelve, Inc., et al., Plaintiffs-Appellants, —

    v

    Sirius XM Radio Inc., Defendant-Respondent.[/SIZE]





    Hughes Hubbard & Reed, LLP, New York (Seth D. Rothman
    of counsel), for appellants.
    Kramer Levin Naftalis & Frankel, LLP, New York (Gary P.
    Naftalis of counsel), for respondent.

    Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered April 16, 2012, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
    We agree with the motion court that plaintiffs are not entitled to additional performance-based compensation under the unambiguous agreement between plaintiffs and defendant's predecessor, Sirius Satellite Radio Inc. Looking solely to the plain language used by the parties within the four corners of the agreement (see Kass v Kass, 91 NY2d 554, 566 [1998]), the disputed term "Sirius subscribers," by which plaintiffs' performance-based compensation was measured, did not include subscribers to XM Radio, a wholly owned subsidiary which defendant acquired by merger, even though the merger had been anticipated within the agreement.
    THIS CONSTITUTES THE DECISION AND ORDER
    OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

    ENTERED: APRIL 11, 2013
    CLERK

    It's also in the thread
    http://www.dawgsaloon.com/showthread.php/66190-Howard-Stern-loses-lawsuit-again
     
  3. BrerJimmy

    BrerJimmy Well-Known Member

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    I was hoping it would end with...

    Mr. Stern, what you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.
     
  4. Tinman

    Tinman Well-Known Member

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    This guy did a pretty good job, at the bottom of the quote is a link to the 2012 dismissal....

    http://scarylawyerguy.blogspot.com/2013/04/in-case-you-missed-it-new-yorkappellate.html


    :hat:
     
  5. PelicanBeak

    PelicanBeak Shit Mult Banned User

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    "...........with costs." Does this mean Wiggy has to pay Sirius' legal costs as well?
     
  6. NotMyBro

    NotMyBro VIP Extreme Gold

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  7. NotMyBro

    NotMyBro VIP Extreme Gold

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    Yes, of course. A double bitchslap.
     
  8. PelicanBeak

    PelicanBeak Shit Mult Banned User

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    I wonder how much money Stern has left, this case (and getting smacked down so hard) was likely just his lawyers taking advantage of him to keep their Stern-related billings ongoing. He's paid for everything Horseface has done (i.e. paid Nat Geo, HGTV, etc.), and probably sunk a ton in projects he never brings up (Porky's remake, etc.). I used to think he was probably good with him money, but after his divorce, massive real estate purchases, failed Horse projects he paid for, lawyers taking him to the cleaners, etc., I bet he has far less money than anyone would imagine.
     
  9. NotMyBro

    NotMyBro VIP Extreme Gold

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    he recharged his bank account with AGT gig. He got something like $25m for that shit.
     
  10. PelicanBeak

    PelicanBeak Shit Mult Banned User

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    True, but he has to pay NY State Income Tax, NYC Income and Property Taxes, Hamptons Property Tax out of that nut. Then you throw in his failed ventures, failed Thoroughbred ventures (NatGeo is paying 0.0 for Horsie's show, Wiggy is probably paying for all advertising too), Limos, Maids, Ralph's salary, Landscaping, TV Hanging at $10K per, furnishings, daily pedicures, etc. - he does nothing himself. He probably pays his shrink a good $500K per year, the list is endless, not that any of it makes me sad.
     
  11. NotMyBro

    NotMyBro VIP Extreme Gold

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    No way that Fuckwald would allow that.

    As for the rest, it's true.

    But still, his bills can't be over a $1m/year. Pelican can retire comfortably if he wanted to. Unless the horse files for divorce... and gets her $$$ that are in the prenup.
     
  12. eliasbboy

    eliasbboy Insert Witty Title Here Staff Member

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    He has to be pissed.

    Even if Stern was right about what the thought behind the contract was, SOMEONE on his side should have made sure it was clearly written.

    When he came to Sirius they asked numerous times about how anyone was tracking listeners that signed up because of Howard. That was always the idea from what I heard. NEW listeners that signed on.:dontknow:

    Oh well. I'm sure Howard will inform us soon on how the judges and lawyers don't like him and got this all wrong again.
     
  13. Vashier

    Vashier VIP Extreme Gold

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    Howard's biggest mistake was not taking the stance that Sirius was flat line in new subs until he signed. That signing brought in so many new subs that IT FORCED XM to MERGE or to go under. That merger caused a huge increase in sirius subs (sticky point here as the subscribers are called sirius XM subs not sirius subs) If he had argued that line he may have stood a chance of getting a day in court where jurors very well could understand that logic.
     
  14. Anfkid

    Anfkid Blue Banner Mafia Staff Member

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    "don't worry it's not over and that's all im gonna say about that now robin."




    :rolleye::rolleye::rolleye:
     
  15. Beth143nacho

    Beth143nacho Well-Known Member VIP

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    Sometimes there are triple damages, too.
     
  16. Beth143nacho

    Beth143nacho Well-Known Member VIP

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    Is there a copy of the oral arguments? Id like to hear what both sides said.
     
  17. Vashier

    Vashier VIP Extreme Gold

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    There were no oral arguments, the case never made it past the discovery phase
     
  18. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    the worst part is that the merger was explicitly anticipated in the contract yet nobody thought to specifically mention the impact of the merged subscribers. somebodies fucked up the contract.
     
  19. Rupert Pupkin

    Rupert Pupkin That Ass is Attached to Daniela Lopez Gold

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    That was in his contract and is published in the SEC 8-K and 10-K forms issued by Sirius.

    "We are also obligated to make substantial stock-based incentive payments under the agreement if we significantly exceed agreed upon year-end subscriber targets during the term of the agreement, or acquire material amounts of subscribers during the term directly and trackably through Stern's efforts. In addition, upon reaching an agreed upon number of subscribers, we will share a portion of the revenue we derive directly from advertising on the Stern channels, and the revenue we derive from subscribers acquired during the term directly and trackably through Stern's efforts."

    http://radio.about.com/gi/o.htm?zi=...gar/data/908937/000095011704003548/a38488.htm
     
  20. NotMyBro

    NotMyBro VIP Extreme Gold

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    With torts, not with contract disputes.