Some insight on Howard's appeal of Judge Kapnick

Discussion in 'The Howard Stern Show' started by Horff, Apr 17, 2012.

  1. Horff

    Horff Well-Known Member

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    Howard said something to the effect that this Judge "gets reversed on appeal all the time." First of all, all judges get their rulings reversed sometimes. I looked up this Judge's rulings on Westlaw. I thought she was just a civil judge who happened to handle this contract law case. Turns out all she handles are contract law cases. So she knows what she is doing. I looked through the last couple of summary judgment decisions she had and NONE of them were reversed on appeal. They were all complex cases involving complex issues and major parties (like Goldman Sachs). I think it is going to be very tough to get her order overturned.
     
  2. Uncle Larry

    Uncle Larry Well-Known Member VIP

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    Great points - sounds like Howard is just nuts and/or his lawyers are creating hope of a successful challenge so he'll pony up to pay for the appeal.
     
  3. Rob0729

    Rob0729 Well-Known Member

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    I love how Howard claims she agreed with his side even though she ruled against him. If this is the case, why did she dismiss the suit with prejudice? If she actually thought Howard was in the right, she could have dismissed the case without prejudice which would allow him to file a different suit on the matter attacking the case law in a different way that he might win.
     
  4. Horff

    Horff Well-Known Member

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    That's exactly what's happening. According to Howard his lawyer said "he thought he should win." I would hope so, since he filed the lawsuit. And of course the lawyers want to appeal because 1) They look pretty stupid and incompetent right now and 2) They're gonna get paid.
     
  5. BethSucks

    BethSucks Well-Known Member Staff Member

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    Howard's lawyers, if in fact these are the same lawyers that drew up his contract, are probably running a little scared at the moment. The ruling seems to hinge on the wording of the contract with Sirius, so Howie might be looking at them as his next lawsuit.
     
  6. AuntDolly

    AuntDolly Musculature Gold

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    I only heard the 1st 1/2 hour of the show today. When did he address it? I thought it would be the first thing out of his mouth.
     
  7. Rob0729

    Rob0729 Well-Known Member

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    Howard claims that he and Sirius discussed a merger or acquisition scenario when they were negotiating and he claims Sirius agreed to count subscribers in this scenario. If this is the case (which I doubt), it is his lawyers' fault that he isn't getting this money, not Sirius. If Howard got them to agree to this, it is his lawyer's responsibility to get them to spell it out in the contract. The fact that Howard and Buckwald sued because the wording in the contract is umambigious tells me that no such discussions ever really occured.
     
  8. illini fan

    illini fan New Member VIP

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    She never agreed with Howard' position, she only restated his position...credit the ass-kissing ape for this idea
     
  9. Peau de Soie

    Peau de Soie Edit Button? Thanks LaserTilt!

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    How freaking hard could it have been to anticipate all possible scenarios when there were a whopping TWO vendors in the market??

    Simple logic (and his contract) says they did anticipate all the scenarios, and paid him for them.
     
  10. BethSucks

    BethSucks Well-Known Member Staff Member

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    Exactly, at the bottom of page 9 of the ruling the judge specifically says that Howard and Buchwald may have "hoped and expected to reap the benefits" of the merger but the "clear, unambiguous language of the agreement" said otherwise.
     
  11. BethSucks

    BethSucks Well-Known Member Staff Member

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    I didn't listen today either but here's the MarksFriggin rundown:


    Howard's Lawsuit Against Sirius XM Dismissed. 04/17/12. 8:55am
    Howard took a call from a guy who asked if he feels tired after the AGT tapings and why he doesn't drink coffee to get through it. Howard said he doesn't like to put artificial stimulants in his system. He said he's always worn out but he'll just take a nap or meditate. Robin said that Howard does take something to sleep. Howard said that's very rare. Howard said that Ambien has lasted him over 10 years. Robin said it has not. Howard said the first bottle lasted 10 years. He said it actually expired. Howard said he's hardly an addict.

    Howard took a call from Mariann from Brooklyn who brought up his lawsuit being dismissed. Howard said that is true. Howard said that's the first parlay and he's kind of bummed about it. Howard said the judge seemed to have listed that he was right about everything but then she dismissed it. Howard said he talked to his lawyer and he said it's a bummer but this judge has been overturned many times. Howard said he has to go to appeal the case. He said he knows he's not insane. Howard said he knows the deal he made with them and this stuff was discussed. Howard said the whole thing was that no matter what happens with the service, his bonus will be based on the number of subscribers they have. Howard said he was bummed last night and he almost didn't want to come into work today. Howard said he's not trying to punish anyone. He said he just knows what he was promised and the judge thought that it wasn't articulated in the contract. Howard said he will appeal.
    Mariann said that Vinnie Favale was on Good Day New York last week. Howard said he knew about that and he chose not to make it a topic. Robin said that Vinnie has apparently hired a public relations person because he's getting write ups in the paper for that play of his. Howard said he wanted to come in and promote it. Howard said he's not sure that he wants to do that. Howard said they can't force people to go to the play.
    Howard said he is kind of dismayed about this lawsuit thing. He said he knows in his heart that he's right. He said he is kind of down on the justice system. He said that's why he's against the death penalty these days. Howard said maybe he's a lunatic. He said his lawyers think the judge got it wrong too though.
     
  12. Rob0729

    Rob0729 Well-Known Member

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    Well, he also said that the reason why Private Parts was the 56th highest grossing movie of 1997 was because although the movie was one of the highest grossing movies of the year in markets he was in, the markets that didn't know him brought down his national revenues. Seriously, by 1997, he was in most of the top markets in the country which make up the lionshare of the movie ticket revenue.
     
  13. Peau de Soie

    Peau de Soie Edit Button? Thanks LaserTilt!

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    Holy crap he won't even give Vinnie Favale some air time to promote his stupid show?? How many times has he sat there and taken punches for Letterman?? Such a scumbag.

    As to the lawsuit, it sure does sound like Howard's beef is with his own lawyers, not the judge or Sirius.
     
  14. Rob0729

    Rob0729 Well-Known Member

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    I thought the funniest thing from today was that Mariann was so distraught about Howard losing the case. Does she think Howard is going to give her a few million if he wins or something?
     
  15. illini fan

    illini fan New Member VIP

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    Let's be realistic... more likely, less than a 1% chance of reversal...
     
  16. k4D3t

    k4D3t Reverse Apache Master VIP

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    Howard has been around long enough to know that anything that isn't spelled out specifically in a contract isn't enforceable -- I suspect the whole purpose of the lawsuit was to force a settlement -- it didn't happen, now his lawyers look stupid

    you would think a $25M bonus for the merger would be enough for the greedy bastard
     
  17. PI Nate

    PI Nate Disenfranchised since 1984... Gold

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    +R
     
  18. Rob0729

    Rob0729 Well-Known Member

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    I would say somewhere between both your odds, but decisions getting overturned are rarer than people think. No judge wants to be overturned in appeals and, unless you have an activist judge or an incompetent judge, their rules are usually sound entreched in case law. There is always a chance for a judge who sticks to strict case law to be overturned in appeals because the appeals court has a different interpretation of the case law than the lower court judge, but I gotta think this judge did her homework on her ruling because this is a fairly high profile case.
     
  19. racerx

    racerx New Member

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    howard isnt stupid. i think he knew he wasnt legally(or morally) correct. i think he thought he might get 'something' in a settlement
     
  20. Nemo

    Nemo Beer Can Thick Gold

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    Alleged vile subhuman white collar criminals must be very careful planning and executing their alleged criminal activity. You just can't put in specific incriminating words that you are robbing the marble factory.
    I'm sure if you explore the final year of KROCK up til the merger you could get a certain alleged wigged man 36 months of federal time...easy...:coffee: