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breaking news: howard looses lawsuit with prejudice

Discussion in 'Howard Stern' started by skylarbrie, Apr 16, 2012.

  1. hmm Full Member

    There was no ground for Howard complaint, moreover, the company paid him 25 millions $ after the merger. What did he expect ? 80% of the stocks, 1 working day, and the ceo's wife?
  2. disbanded Full Member

    Howard said he was disappointed, but it is what it is. He didn't get all crazy about it at all.

    Howard and Baba were confused by what the judge said - something along the lines of - the judge agreed with Howard, but because of the wording of the contract the judge ruled against him.

    He then questioned why he hired a team of lawyers to write that into the contract, but in the end they didn't do it right. So basically, Howard lost the suit because his own lawyers didn't word the contract correctly.
  3. mochinist

    mochinist SFN Gold Supporter

    I know quite a few people that have stock Sirius radios in their vehicles and cant think of one that has kept the subscription going once the free six months was over.
  4. hmm Full Member

    That's not true you are a generous person...Everybody knows that you are ass kissing Howard for free :coffee2:
  5. Douchebag_AZ Full Member

    So basically his 25 million dollar merger bonus voided whatever he was suing about.
  6. Topman

    Topman SFN Supporter

    I think Howard got screwed. While XM subscribers DID have to pay extra to hear him, I don't think thats the issue hear.. The point is that without Howard the two companies would have never merged, thus never giving the XM earnings to Sirius over the long haul. It doesnt matter if they are Howard fans, it matters that the company is now one..

    That said, the lingo on the bonus killed him.
  7. evercll Full Member

    So can/does Sirius XM now sue Onetwelwe and Howard Stern for libel?
  8. greenchicklets Full Member

    I'd be happy, if it were true.
  9. admsam420 Full Member

    the lawsuit should have been tied tighter. then it wouldn't have been so loose.
  10. mrblack66 Full Member

    dont care either way but always knew he was in the wrong on this one
  11. William Munny Full Member

    I don't know if Howard got screwed or not b/c I wasn't there during the negotiations. But when entering into the contract, both sides had lawyers (probably a boat load each), so Howard's lawyers should have made sure the agreement matched Howard's expectations. You can't go outside the four corners of a document when the document itself is clear. If what Howard said is true, that he and Sirius had agreed verbally to his terms (and not the terms that appeared in the contract), Howard should sue his lawyers for malpractice.
  12. William Munny Full Member

    I don't care. If Howard won, he wouldn't give me any money. Same goes for Sirius.
    • This user has been removed from public view.
  13. Dralix Full Member

    I think the crux of Howard's claim is that the language is not clear as to what defines a subscriber. The contract does clearly define what Sirius is (Sirius Satellite Radio, Inc), but does not clearly define a subscriber in the context of the subscriber incentive.

    But yeah, if some lawyer thinks a written contract can be modified by a verbal agreement, whatever Howard is paying him is too much.
  14. Dralix Full Member

    This. I'm indifferent to it.
  15. Dean Wormer Full Member

    The arrogance of thinking that he caused a merger is what this is all about.
    FYAKilla likes this.
  16. bigconig Full Member

    I think they should hire Imus and have howard read the weather for him.
  17. Tom from T.O. Full Member

    I cannot believe that Howard filed a law suit without honestly believing that he was entitled to the money and that is what he understood when he signed the first contract. If he believed this, it must have been discussed. If so, it means his legals and agent fucked up big time, to the tune of 300 million. In the initial claim, they said that there was a sepecific clause addressing this issue, added on to the contract; that was untrue, there was no additional clause filed, outside of the farcical contract they filed, which some here have said is standard for entertainment contracts. So the alleged "addendum" never existed, the clause granting him 25 mill for the merger was the only cluase delaing with it. The only other possibility is Howard did not think about it at the time he first signed and just "gave it a shot," but I cannot believe that he and DB are that flakey.

    The other weird thing is re-signing first and then filing the suit. Why not link the two issues and settle it out of court? That was a kind of sneaky move, that could not have sat well with Mel, unless it had his tacit approval.
  18. havoc Full Member

    "
    I was always of the opinion that Howard was jealous of the obnoxious options grants that Mel Karmazin and David Frear, CFO, lavished on themselves and other executives. They returned high exercise price options for low priced ones. This was after their interest rate misjudgments during the collapse of the financial markets in 2009 put Sirius XM’s stock to a nickel. There are ongoing lawsuits on that matter wending their way through the courts now, too. Of course, it was during that circumstance of being unable to meet some debt obligations and facing bankruptcy that Liberty Media was able to step in with cash and garner a 40% stake in Sirius."

    http://www.forbes.com/sites/joanlappin/2012/04/17/judge-rules-sirius-didnt-screw-howard-stern/

    i think this bitch is right, howard was mad they didnt cut him in on da deal that da executives was makin mad $$$ on. prolly what he means when he say bout how he thought they were makin him a partner at sirius.
  19. gribnack Full Member

    Or he was just wrong
  20. chadp1234 Full Member

    howard loves spreading the wealth and really appreciates his fans. that whole rant he had when he said he pisses on his fans was just a front. howard loves his fans and really values their thoughts, feedback, and opinions.

    besides, what do you think he does with his $500 million - do you think he's just driven to accumulate money to prove his self worth while his wife spends it all? of course not! he loves to give back!!

    why just last summer he held a party for all his fans at chimney manor. i was there and it was sooo much fun!!

    the lady who keeps the house made us pescetarian sandwiches while we lounged by his pool. i checked out his bedroom and went in his wig closet. i got to try on some of his wigs, even the ones he's using for AGT! howard even gave me a tour of his bathroom and showed me how to use his toto toilet so i could clean my taint.

    afterwards beth made us her signature drinks - "oh my dog-tinis", and we bowled some frames in the basement.

    at the end of the day we all were laughing and prancing on the beach while howard photographed us. we saw a pelican drowning on the beach, so of course we rescued that and called the NSAL to care for the bird. beth was so happy she was doing cartwheels in the lawn!

    i can't wait until the "fan appreciation" party he throws this summer!
  21. Hugh Blowmont Full Member

    Perhaps Howard was upset at how his first bonus was sent to him...

    [IMG]
  22. Hugh Blowmont Full Member

    Its surprisingly common on how poorly rich and famous people are represented. Quote "Big Time" Lawyers often have shitty drafting skills, causing what the client THINKS he's getting in a document to not be there and, as such, getting fucked. Do I believe Howard thought that a merger with XM would create a circumstance where he was credited with the new listeners, absolutely. Did the contract state that? Clearly not, hence, he's out 300 million.

    He's got a better shot suing the lawyers who drafted the contract for malpractice than trying to appeal this decision.
  23. Dralix Full Member

    I'd say the problem is more likely with the paralegal or junior associate who does most of the grunt work than the high priced partner. The error the "Big Time" lawyer and client both make is not reading, understanding, and questioning the contract before it's signed.
  24. DaSitch Full Member


    No, the emporers clothes are glorious, simply glorious.

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