breaking news: howard looses lawsuit with prejudice

No they wrote it 100% right. If Howard added "if XM and Sirius merge all the XM subscribers count towards my bonuses even though I will have had nothing to so with them" Sirius would have said no. They knew what they were doing.

It was Howard that was being a dick here, trying to sue based on something that clearly wasn't there.

The bonus was for subscribers due to Howard. How can a merger be due to Howard?

hahaha. This is hillarious. They wrote a merger clause into the contract. He got $25 million. They had discussions about what happens if they merge. if Howard thought of this he would have brought it up.

Everything is due to Howard.............Inside Sirius as well as outside Sirius.

If the sun come up tomorrow, thank Howard.

I'm not talking about his complaint, i'm talking about his ORIGINAL CONTRACT.

A single sentence could have removed ambiguity from it, and without that ambiguity, this case never would exist.

http://www.thesmokinggun.com/documents/howard-stern-lawsuit-dismissed-9785612

I don't know were Howard got the line "The Judge agreed with me" because clearly she didn't so much so that she dismissed it “with prejudice,” meaning that the Howard is barred from refilling a lawsuit with similar claims.

Shouldn't Howard be pointing some of the blame of a poorly written contract onto his wonderful super agent, Don Buchwald?

OR, Howard and Sirius never agreed to that term in the first place and that's why its not there. We'll never know.

If they had not merged, both companies would have likely gone under. It wasn't Sirius swallowing XM as Howard portrays, it was two struggling companies joining together to survive. If Howard wants to take credit for that sorry state of satellite radio, then more power to him.

The bonus was for Sirius subscribers exceeding estimates by certain amounts. It says nothing about whether Howard was responsible for the subscribers. The question is whether "Sirius subscribers" includes all subscribers of the new company, SiriusXM. Howard says yes, Sirius says no, judge sides with Sirius.

No it does, that is the point of the clause. The fact they dealt with the merger with a bonus and not with the subscriber bonus is why Howard lost.

I'm certainly glad Howard didn't prevail but it's monumentally fucked up how unabashedly anti-semitic some of you losers are. The irony is that many of you are probably devoted conservatives who piss your pants and scream about "Socialism" (even if you couldn't define it) when all you are doing here is bitching about free enterprise and calling for wealth redistribution ("Whaaa! Why doesn't Howard pay his staffers more! He's so selfish! Whaaa!"). Hate the game, not the playa...

I can't handle legal analysis on these forums. I don't want to bring my job to my place of entertainment. I didnt even read the judges decision. Lets break out some tits and ass and make this thread more interesting.

After perusing the court docs, I don't think Howard is going to win an appeal. Sorry Howie....

Oh noes! The dreaded GIF reply. Shit just got real!

http://www.scribd.com/fullscreen/89702610?access_key=key-1hd80gybcqxz0jnwedj0

The language as quoted in the court ruling says that the bonus will be paid if the subscribers exceed targets. It says nothing about requiring that Howard be responsible for those subscribers.

I love how the kool-aid drinkers all continue to argue this. Summary Judgement is virtually NEVER issued and only in the most clear-cut cases. If Howard's argument was so weak as to be thrown out at this level, he's fucked.

You guys think he's phoning it in now, I'd be shocked if he comes to work tomorrow, we are looking at a 2-day week people.

Wrong about summary judgement. Are you a paralegal or something?

Howard is going to be one cranky son of a bitch for the next few weeks/months/years. I mean, this kind of stuff drives him APESHIT. I expect him to blow up at staffers, callers, everyone much more regularly now.

There's nothing quite like a guy having to work for a company that he absolutely despises... and this guy has a microphone, and listeners. Watch out. It's going to get ugly! (And, I suspect, pretty monotonous after the first 20 rants on the topic.)

Are you kidding? He just lost a buttload of money. He'll get nothing.