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To: raccoonradio; All
The two sides argued their cases yesterday before Judge van Gestel, who presides over the court’s Business Litigation Session.

Carr filed a lawsuit against WRKO in July claiming his contract with the station contained illegal provisions that prohibit him from working at competing stations. The suit also claimed the station failed to extend his contract several times.

WRKO then filed a countersuit to block him from jumping ship, claiming Carr and his agent, Cary Pahigian, conspired to break his contract by negotiating with WTKK. Carr was set to debut tomorrow morning on WTKK.

Turn to The Messenger blog (in the Herald) for updates.


A Suffolk Superior Court ruling today leaves Herald columnist and radio personality Howie Carr’s future on the airwaves in Boston in limbo

9 posted on 09/19/2007 11:24:02 AM PDT by raccoonradio
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To: raccoonradio

from SaveWRKO.com:

BY BRIAN MALONEY
As I had expected, Howie’s legal case didn’t go quite as well as his entourage hoped. That means I won’t have to be tasered after all, thank goodness.

Here’s Jessica Heslam’s courtroom coverage (see above)

In the story, Heslam says the ruling leaves Howie’s show in limbo, but I think it’s reasonably clear we won’t be hearing him debut on WTKK tomorrow.

Keep this in mind: while Entercom may not be terribly bright when it comes to programming radio stations, the firm’s legal department is another story. They will present a stronger defense than most observers anticipated and have already begun to do so.

UPDATE- the Globies reach pretty much the same conclusion as the Herald:

“The judge wrote today that in the final judgment, which is yet to come, the part of the contract which included a non-compete clause is not enforceable under state law, but another clause that gave WRKO the right to match any new offer was enforceable.

“Carr’s contract would have expired today, but Entercom Communications Corp. of Pennsylvania, which owns WRKO, alleges that it matched the offer from a rival station and therefore Carr is bound to his contract until Sept. 30, 2012.

“’The court is aware that Carr claims that he cannot be forced to work for WRKO,’ Superior Court Judge Allan van Gestel wrote in his decision. ‘While Carr’s position may have merit, it is not presently before this Court on the three motions in play. In short, it remains for another day, on another record.’

“Carr’s spokeswoman and attorney did not immediately comment. George Regan, a spokesman for Entercom and WRKO, said today, ‘We hope Howie comes back to work soon.’”

Posted by Brian Maloney at 02:02 PM |


10 posted on 09/19/2007 11:31:40 AM PDT by raccoonradio
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