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Westwood One Loses Appeal Of Denial Of Injunction Against NCAA Over Voided Contract
May 27, 2021 at 1:20 AM (PT)
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WESTWOOD ONE has lost its appeal of a lower court's denial of its motion for an injunction against the NCAA that would have blocked the organization from voiding their contract to air NCAA athletic championship events.
WESTWOOD ONE made the first rights fee payment for 2020 but, after the NCAA cancelled the 2020 NCAA "MARCH MADNESS" men's basketball tournament, the syndicator did not make the second payment on APRIL 15, 2020 and the NCAA cancelled the contract under the Force Majeure clause of the agreement and a provision allowing cancellation if WESTWOOD ONE fails to pay any amount over $2 million, sending WESTWOOD ONE to court for an injunction that was denied.
COURT OF APPEALS OF INDIANA Chief Judge CALE BRADFORD wrote the opinion upholding the MARION SUPERIOR COURT's denial of the injunction, agreeing with the NCAA that WESTWOOD ONE's active lawsuit against the collegiate athletic organization gives it an adequate remedy at law if it prevails, and with the lower court's determination that WESTWOOD ONE has not shown irreparable harm and has merely suffered a monetary loss for which an injunction is not an appropriate remedy. The judge cited testimony from WESTWOOD ONE SVP/Sports BRUCE GILBERT that indicated the company at times assigns a monetary value to loss of goodwill and reputation.

