Legal Eagles I have a question about "The Lawsuit"

Discussion in 'The Howard Stern Show' started by FCCstandards, Apr 29, 2012.

  1. FCCstandards

    FCCstandards Non-Essential Salooner VIP

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    Let's say Howard wins the appeal, can SiriusXM (one company?) then appeal that decision? Or do they then have to go along with it and into court. Either way it seems like Hampton Howie may become Harlem Howie.
     
  2. lilbuddy67

    lilbuddy67 A man with breath-taking anger management issues Banned User

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    He's not gonna win any appeal. His lawyers tell him that because that's what they get paid to do.
     
  3. MrWarmth

    MrWarmth ADORABLE DEPLORABLE Gold

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    If he loses that he'll have Ronnie "plant" a grape on the floor leading to the studio and he'll fake a slip and fall and then sue Sirius for his fake injured neck.
     
  4. FCCstandards

    FCCstandards Non-Essential Salooner VIP

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    I would love to see a giraffe slip and fall on a grape.
     
  5. TSSTaylor

    TSSTaylor Active Member

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    http://siriusbuzz.com/howard-stern-files-appeal-in-lawsuit.php#more-11080

    The last paragraph says
    "While the higher court is not required to accept the appeal, it would appear that there is enough for this appeal to at least garner consideration. In reviewing the documents filed it does indeed appear that the judge may have mis-assigned certain bonuses to certain years and missed at least one bonus. in fairness to the judge, the original filing did seem to offer room for such confusion. The fact that bonuses were paid in the calendar year after the performance year probably did not help."

    I've heard before from those who are as much experts as you can get that Stern did not receive at least one bonus relating to the "Sirius Subscribers" and nothing to do with the merged subscribers. I just don't get why Stern wouldn't bring that portion up on the air more if that's true...
     
  6. blottomsup

    blottomsup Well-Known Member

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    :jj:

    But he will have no medical bills because by his own admission neck pain is psychiatric, not physical.

    He's going to have to come up with another idea.
     
  7. blottomsup

    blottomsup Well-Known Member

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    This is a good question.

    I don't know the answer, but I can say that appellate review is sometimes mandatory, sometimes discretionary, and sometimes not available.

    I would guess that if Howard wins his appeal, which he has a right to make, Sirius will have no recourse. The case will return to the trial judge, who by the way will probably remember Howard's comments about her decision. :)

    The best that Sirius would have is the option of petitioning a higher court to ask them to re-hear the appeal. The higher court could say yes or no. But I don't even know if this option would be available.
     
  8. blottomsup

    blottomsup Well-Known Member

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    I do not agree with this analysis.
     
  9. DogStar69

    DogStar69 Well-Known Member

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    I'm no expert, but I think he's not even appealing to win, he's appealing to let his case be heard in court first. And yes, any side can appeal a decision afterwards in a civil complaint as far as I know.
     
  10. MrWarmth

    MrWarmth ADORABLE DEPLORABLE Gold

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    He'll have to find a doctor somewhere in Bumfuck Tennessee who will even take the case.
     
  11. Rob0729

    Rob0729 Well-Known Member

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    Well, this guy doesn't appear to be a lawyer and just writes a blog about Sirius. He seems pretty pro Howard to boot.

    BTW, I am no legal expert myself, but if Howard does win the appeal I am pretty sure the case gets remanded back to the judge who dismissed the case in summary judgement. That means Howard will be facing an uphill battle in court even in a jury verdict.
     
  12. blottomsup

    blottomsup Well-Known Member

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    Correct. Howard would have an uphill battle in front of a jury.

    But the point of this lawsuit is not about getting this case in front of a jury. It's about forcing Sirius to have to bleed money in attorneys' fees and costs so that the better business decision is to just pay Howard off.

    There's a reason why Howard's lawyers wanted to conduct discovery while the motion for summary judgment was pending. Unfortunately for them, however, the judge apparently shut it down. That was yet another loss for Howard at the trial court level.
     
  13. Thelma

    Thelma Well-Known Member

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    Howard claimed he wanted a jury trial. He said, "I think it's outrageous I didn't get to explain in front of a jury."

    Maybe he thought he could mesmerize them with his hypnotic blue eyes ...

    [​IMG]
     
    Last edited: Apr 29, 2012
  14. R.P. McMurphy

    R.P. McMurphy Well-Known Member

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    ...this.
     
  15. illini fan

    illini fan New Member VIP

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    Its a new argument that was not stated clearly in the original case when it was filed...The siursbuzz guy (Stewart) is only making an argument that it was implied in Howard's original case brought before the court..Implied arguments are different that specifically made arguments...Essentially Stewart is arguing that they're one in the same...They are not...

    ...Why is this important? because when the case was dismissed "with prejudice", this prohibited Howard and his "crack-pot" legal team from presenting new arguments (or re-interpretations of old arguments) with respect to this case...Implied arguments, or in the case that a 2007 bonus was due Howard but not paid is implied in the original filing; it was not specifically argued...As such, it will not be an issue the Appeals court will look at in deciding whether Judge Barbra Kapnick's ruling should be reversed... In short, Howard is fucked....
     
  16. TSSTaylor

    TSSTaylor Active Member

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    He's not on the side of one or the other. He writes based on the facts of the case, I know because we speak about it. We both listen to Howard but both love the service and the business of it. Here is more of an in depth reason why he seems to think Howard is owed. http://siriusbuzz.com/a-depper-look-at-the-stern-lawsuit.php

    I haven't seen the court docs. But again Spencer isn't the only person out there to say the court docs show that Howard and Don didn't push one of the Bonus Payments because SiriusXM was so close to the point of bankruptcy it would have put them over the edge.

    Personally I'm glad Howard didn't get the $330 million. I can see why the judge didn't side with Howard. However if Howard is owed the other bonus he should be paid it. It's just about what is accurate and what isn't.
     
  17. TSSTaylor

    TSSTaylor Active Member

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    It really sounds like Howards lawyers shot the moon and botched the case for doing so.
     
  18. Thelma

    Thelma Well-Known Member

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    I think it's been said that spoiled brat Howie thought Sirius would settle with him right away - that's why his lawsuit/appeal reads like a crazy rant, he and his idiot lawyers never dreamed it would have to stand up on its own.
     
  19. Popeye Saavedra

    Popeye Saavedra Well-Known Member

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    If I am not mistaken (and please correct me if I am wrong), isn't the appeal only to overturn the judge's ruling so that another judge can look over the case and determine if it should go to trial? That is, even if he wins the appeal, it doesn't necessarily mean that he would get a trial. Only that it would be reconsidered by another judge for whether it goes to trial or not (basically starting him back at where he was when he first filed the lawsuit). Is this correct?
     
  20. Howard Stork

    Howard Stork "Big Nosed and Jewish"

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    There are no "legal eagles" here. Maybe "legal sparrows."