Judge Denies Nielsen Audio's Motion To Dismiss Bubba The Love Sponge Counterclaim

Counterclaimer

The judge in the dueling lawsuit case of NIELSEN AUDIO vs. BUBBA THE LOVE SPONGE has denied NIELSEN's motion to dismiss BUBBA's counterclaim, which means that the syndicated morning man's case filed in response to NIELSEN's lawsuit can proceed.  Judge JAMES D. WHITTEMORE ordered NIELSEN to file its answer to the counterclaim within 15 days of MONDAY (8/7).

NIELSEN had claimed that BUBBA's counterclaim is an "impermissible shotgun pleading" that did not give adequate notice of the grounds upon which he based his claims that NIELSEN used its monopoly power and conspired with COX MEDIA GROUP to push BEASLEY to fire him.  But the judge noted that BUBBA's counterclaim separated his causes of action into four counts with relevant factual allegations, has a single defendant against which the claims are asserted, and contains allegations that, viewed in the most favorable light to BUBBA, are sufficiently related to the claims being asserted.  NIELSEN's argument that the counterclaim failed to state a claim was also rejected, as was an attempt to dismiss BUBBA's conspiracy claims.

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