Howard's lawsuit appeal heard TODAY

[Thelma]

I would have to sign up for a "free trial" to get the entire article, so all I could see was this (this is probably why he took this week off) -

Howard Stern Still Seeking $330M After Sirius XM Deal

Law360, New York (February 13, 2013, 6:57 PM ET) -- "Howard Stern and his agent deserve $330 million in stock awards after the merger that created Sirius XM Radio Inc., the radio personality's attorney told a New York state appeals court Tuesday, saying a lower court judge wrongly interpreted a contract with the radio station that made Stern eligible for subscriber-based bonuses.

Seth D. Rothman of Hughes Hubbard & Reed LLP, who represents Stern's production company and agent, told a five-judge state appeals court panel that when satellite radio purveyor Sirius merged with rival XM Satellite..."

http://www.law360.com/mergersacquisi...sirius-xm-deal

[Imus O Sternsky]

Counselor, the court has no time for this nonsense previous ruling upheld. Case dismissed.

[Pembroke36]

Another $330 mil? How did a radio talk show host ever get to the point that he makes this type of money? A radio host?

[Douchebag 007]

i might start listening again for the upcoming tsunami of whine

[Bye You!]

what a fucking scumbag he is.

like the whole lawsuit thing is scumbaggy enough, then to take the week off because of it????

Sirius oughta fire him.

[HowieStearn]

theres nothing to see here, move along now

[Just Me]

I'll feel sick if he wins.

[Bye You!]

I would have to sign up for a "free trial" to get the entire article, so all I could see was this (this is probably why he took this week off) -

Howard Stern Still Seeking $330M After Sirius XM Deal

Law360, New York (February 13, 2013, 6:57 PM ET) -- "Howard Stern and his agent deserve $330 million in stock awards after the merger that created Sirius XM Radio Inc., the radio personality's attorney told a New York state appeals court Tuesday, saying a lower court judge wrongly interpreted a contract with the radio station that made Stern eligible for subscriber-based bonuses.

Seth D. Rothman of Hughes Hubbard & Reed LLP, who represents Stern's production company and agent, told a five-judge state appeals court panel that when satellite radio purveyor Sirius merged with rival XM Satellite..."

http://www.law360.com/mergersacquisi...sirius-xm-deal

great find, by the way

someone here has to be a member already.

[ELMACO510]

i might start listening again for the upcoming tsunami of whine

Me too. Can't wait. I'm going to laugh my ass off when he starts the "whoa is me" bullshit.

[Pembroke36]

If only there was a reason to show the video of him and Beth in the snow. The court would probably make him pay $330 mil back for being an asshole.

[Gretsch Man]

great find, by the way

someone here has to be a member already.

There's a free trial. I'm actually in a business law class at the moment and might be able to use this. As long as it's really free, I'll post the whole thing in a few.

[Bye You!]

If only there was a reason to show the video of him and Beth in the snow. The court would probably make him pay $330 mil back for being an asshole.

[Murcielago]

Keep billing those hours, it's very difficult to appeal after a dismissal with prejudice. They have to demonstrate a fundamental misapplication or misunderstanding of law by the previous judge, it can't just be a matter of wanting a second shot at the cash.

[Gretsch Man]

Scroll down for article.

[harlock]

late in the day....late in the day...late in the day....

[Gretsch Man]

Crap. Hold on. Will fix.

[AGT Blows]

Seth D. Rothman of Hughes Hubbard & Reed LLP told a five-judge state appeals court panel that when satellite radio purveyor Sirius merged with rival XM Satellite.
These guys will have summer homes and yachts soon after they overturn the lower judge's decision.

[Lou Skunt]

If only there was a reason to show the video of him and Beth in the snow. The court would probably make him pay $330 mil back for being an asshole.

Agreed Pem.

[KillVampires]

Howard deserves another $330 million. The show has never been better.
What do you do for a living?

[Gretsch Man]

Law360, New York (February 13, 2013, 6:57 PM ET) -- Howard Stern and his agent deserve $330 million in stock awards after the merger that created Sirius XM Radio Inc., the radio personality's attorney told a New York state appeals court Tuesday, saying a lower court judge wrongly interpreted a contract with the radio station that made Stern eligible for subscriber-based bonuses.

Seth D. Rothman of Hughes Hubbard & Reed LLP, who represents Stern's production company and agent, told a five-judge state appeals court panel that when satellite radio purveyor Sirius merged with rival XM Satellite Radio in 2006, the increased number of Sirius subscribers triggered contract provisions that allowed Stern to be rewarded when Sirius beat subscriber goals.

But Judge Barbara R. Kapnick, who ruled against Stern, had misinterpreted the phrase "Sirius subscribers" in the contract, Rothman argued, incorrectly finding that it meant only subscribers to the Sirius radio service and not to all the company's subscribers, which would include former XM subscribers after the merger.

"If you read this contract, you have to read that phrase to be the company's subscribers. ... The purpose is to count all the company's subscribers. Sirius company, not Sirius radio service," Rothman told the judges during the hearing in Manhattan.

Gary P. Naftalis of Kramer Levin Naftalis & Frankel LLP, who represents Sirius, said that that the lucrative contract, which paid Stern $500 million when he signed it to leave terrestrial radio for the then-fledgling satellite radio operator, had a separate provision that paid him $25 million in the event of a merger with XM and superseded the subscriber-target provisions.

"It doesn't have the provisions in there that they wish they had," Naftalis said.

Justice Judith J. Gische, however, noted that the contract was oddly unspecific for one dealing with so much money, and that not only was the term "subscribers" not defined in the contract but neither did a formal definition for Sirius exist outside the agreement's introduction.

Naftalis said the terms had to be read in the context of the overall contract, and that if the parties wanted XM subscribers to be included in the calculations of overall subscribers to trigger Stern's stock bonus they could have easily included them.

"You don't gain rights by a negative implication. You don't gain rights by something that isn't said, you gain rights by something that is said," Naftalis said.

The lower court's Judge Kapnick found in April that Stern couldn't argue that a merger triggered his stock awards for helping the company beat its targets because of the language in the separate XM merger provision that paid him $25 million after the merger and how it treated the term "subscribers."

"While it may be true that Stern and [his agent, Don] Buchwald hoped and expected to reap the benefits from any significant growth that Sirius experienced after they entered into the agreement, that subjective expectation cannot suffice to override the clear, unambiguous language of the agreement," Kapnick ruled in granting Sirius XM's motion for summary judgment.

Justices Rosalyn H. Richter, Angela M. Mazzarelli, Luis A. Gonzalez, Dianne T. Renwick and Judith J. Gische sat on the state appeals court panel.

Buchwald and the production company are represented by Seth D. Rothman of Hughes Hubbard & Reed LLP.

Sirius is represented by Gary P. Naftalis of Kramer Levin Naftalis & Frankel LLP.

The case is One Twelve Inc. et al. v. Sirius XM Radio Inc., case number 650762/2011, in the Appellate Division of the Supreme Court of the State of New York, First Judicial Department.

--Editing by Katherine Rautenberg.

Here we go.