Stern Challenges Lawsuit Dismissal
April 27, 2012 at 11:20 AM (PT)
HOWARD STERN’s production company, ONE TWELVE INC. and his agent, DON BUCHWALD, are appealing a NEW YORK state judge’s dismissal of their lawsuit against SIRIUS XM over unpaid stock awards, BLOOMBERG reports. In the original suit, STERN and BUCHWALK asserted that the satcaster refused to pay $300 million in stock awards owed to them under an agreement that brought the radio personality to SIRIUS.
STATE SUPREME COURT Justice BARBARA KAPNICK dismissed the suit (NET NEWS 4/17), rejecting the plaintiffs' argument that subscribers to XM RADIO, which eventually merged with SIRIUS, should be counted when calculating compensation.
ONE TWELVE and BUCHWALD's attorneys filed court documents that assert the court "misinterpreted the parties’ contract and granted summary judgment before there was any discovery taken in the action. Reversal is warranted because, among other things, the parties’ contract is clear on its face that plaintiffs are entitled to the relief they seek or is, at a minimum, ambiguous."