breaking news: howard looses lawsuit with prejudice

Personally, I see both sides. SiriusXM says the customers that came over as part of the merger aren't because of Howard. Howard says a customer is a customer is a customer and who cares where they came from.

That being said, I'm hope he doesn't get another dime to make up for all the AGT talk, the 3-day schedule, and subjecting us to Abe Kannan and Mitch Fatel. I consider the lost bonus a very applicable FINE for putting on substandard programming.

howard could have opted for a controlling or minor interest in siri, sadly, he opted for a cash payment

WHO IS dawg, and where can he be found

Howard will win the lawsuit.

Howard doesn't stand a chance.
The only way for the summary judgment to be reversed is if a finding of fact was in error.
None exists.

The case is very simple contract law.
The section dealing with the merger of XM is all Howard chose to put in the contract.
The fact that it is there indicates BOTH SIDES contemplated such an occurrence.
The fact that Howard didn't include any other language that dealt with subscribers is on him.

The appeals court will tell him that if he wanted the contract to speak to subscribers in addition
to the very specific section regarding compensation in the event of a merger, he should have added that language.
The existing contract speaks to the intent of BOTH SIDES regarding the merger and the compensation Howard was to receive.
In the absence of any other detail in the contract that deals with subscribers in the event of a merger, the section dealing with the merger is self-evident.

Howard just didn't like being told that his high priced representation effed up in drawing up the language.

Dawg is the owner of a website. Google dawgs saloon if you want to find Dawg.

I think Howard's rep finally got to him in this ruling. Ask the judge who she thinks is a more horrible person, Howard Stern or Hitler, and you'll get your answer. This is a huge win for coroporations everywhere.

I agree.

How difficult would it be to have added language that in the case of a merger, Howard would receive his full bonus package ($250 million, or whatever).

Instead, he chose to include a clause that if a merger resulted, he'd get a $25 million payout, and he did.

So frankly, I don't understand. I mean, for $250 million, write the fucking paragraph. Don't fucking ASSUME that old customers transferred in a merger are considered NEW Sirius customers.

really......