aksi on the Herald’s site/Jessica Heslam:
“He could simply have waited until September 20, 2007, by which time his agreement with Entercom would have expired. Carr cannot now say that what he did had no legal effect under the agreement that he signed with Entercom five years earlier,” van Gestel wrote in today’s memo.
“And he cannot now twist the language of that agreement to mean something that it does not,” Van Gestel wrote.
“Carr is not, as he argues in his brief, ‘in essence, (subject to) a lifetime employment agreement’ with Entercom. And wherever he legally finds himself, it is of his own conscious doing. He has not, as he publicly claims, been placed into some form of high-paid indentured servitude by this court.”
The judge also denied a motion by the Entercom Communications-owned WRKO to ban WTKK from talking to Carr, and making public statements about the possibility of him joining their station, because it could hurt WRKO’s advertsing sales.
The judge said Entercom “has definitely failed to show irreparable harm.”
Attorneys for both sides had argued their cases before van Gestel yesterday at a hearing. Carr has been off the airwaves since last month.