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Howie Carr vs. Entercom--Is There A Lawyer In The House?

D

D. R. Tucker

Guest
As a result of a recent controversy on Save WRKO, I'd like to know if anyone with knowledge of Massachusetts contract law can weigh in on the Howie Carr vs. Entercom case.

An attorney/blogger at Boston firm Foley Hoag has weighed in with his analysis of the case:
http://www.foleyhoag.com/NewsCenter/Blogs/Labor-and-Employment/LE_Noncompete_Howie-Carr-Redux.aspx

I wonder if anyone can come up with a legal argument that could result in the overturning of Suffolk Superior Court Judge Allan van Gestel's recent rulings.

On Save WRKO, opponents of van Gestel's rulings have criticized the judge for a remark he made indicating disdain for Howie's Boston Herald columns. However, no one has shown where van Gestel was flawed in his conclusions of law.

It seems to me that Howie was caught in a legal "perfect storm"--van Gestel obviously didn't like him, but van Gestel was also dead-on in his conclusions of law; if Carr and his attorneys cannot find a flaw in van Gestel's rulings, then it's only a matter of time before we hear "Paperboy" on WRKO again.

My understanding is that van Gestel is considered one of the best judges in Massachusetts, not a Maria Lopez-style hack. (It's interesting that former Boston Phoenix writer Dan Kennedy--that's right, the guy who used to work for the paper run by Lopez's husband--has criticized van Gestel for rulings Kennedy considers unfair.) I can't see van Gestel's ruling being overturned; does anyone with knowledge of Bay State contract law see a chance for his rulings to be reversed?
 
It would not be the first time a judge made a prejudicial remark against a talk show host from the bench. As the plaintiff in a case I witnessed a Massachusetts Appellate Court Judge, and law professor, say from the bench "I hate Jerry Williams. I don't know why anyone listens to him...." Direct quote.
So, radio talk hosts being the rabble rousers that they are will have a difficult if not impossible time getting a fair and impartial hearing in this state court system. As the say, a judge is just a struggling lawyer who knows ...and contributes to a politician.

D. R. Tucker said:
As a result of a recent controversy on Save WRKO, I'd like to know if anyone with knowledge of Massachusetts contract law can weigh in on the Howie Carr vs. Entercom case.

An attorney/blogger at Boston firm Foley Hoag has weighed in with his analysis of the case:
http://www.foleyhoag.com/NewsCenter/Blogs/Labor-and-Employment/LE_Noncompete_Howie-Carr-Redux.aspx

I wonder if anyone can come up with a legal argument that could result in the overturning of Suffolk Superior Court Judge Allan van Gestel's recent rulings.

On Save WRKO, opponents of van Gestel's rulings have criticized the judge for a remark he made indicating disdain for Howie's Boston Herald columns. However, no one has shown where van Gestel was flawed in his conclusions of law.

It seems to me that Howie was caught in a legal "perfect storm"--van Gestel obviously didn't like him, but van Gestel was also dead-on in his conclusions of law; if Carr and his attorneys cannot find a flaw in van Gestel's rulings, then it's only a matter of time before we hear "Paperboy" on WRKO again.

My understanding is that van Gestel is considered one of the best judges in Massachusetts, not a Maria Lopez-style hack. (It's interesting that former Boston Phoenix writer Dan Kennedy--that's right, the guy who used to work for the paper run by Lopez's husband--has criticized van Gestel for rulings Kennedy considers unfair.) I can't see van Gestel's ruling being overturned; does anyone with knowledge of Bay State contract law see a chance for his rulings to be reversed?
Click to expand...
 
Howie is ratcheting up the talk about being dissatisfied with Entercom again--and yes I know,
HE was the one who signed the original contract and either he or his lawyer may have been
unclear about the right to match, etc. It is kinda entertaining (though some will hate the
moaning about his situation) and maybe Jason and Julie will tolerate it but you wonder if
he may be cruising for another suspension, etc. (He was taken off briefly due to the
"Entercom happens" stuff).

Yesterday when the new intro wouldn't fire up, they had to play the old one. Howie said
the equipment they're using was "personally signed by Marconi". He has said that the
sports station (the "jocksniffers") got the best studios and he got the lousy one and
yesterday he found himself having to say, again, "when the WRKO signal fades in some
areas as it will this time of year, tune to AM 830, WCRN. I hope I don't have to say this
for the rest of my life." He made comparisons to the freed miners in Chile ("I've been stuck
in THIS hole for three years, when am _I_ gonna get out?") and made some kind of
vague comment like "Maybe in a few weeks I won't have to make this announcement anymore"

(huh? Are lawyers going to free him from his contract somehow? runs till 2012...is RKO
simulcasting on FM and there would be no need for the announcement? Most unlikely.)
We'll have to see if someday we tune in and hear Col. Hunt and Jessica H. has a piece
in Herald saying Howie has been pulled off again.

Of course if RKO did get rid of Howie due to this criticism...their star is gone. What happens,
Joe Battenfeld in the Afternoon? Running Jerry Doyle live? Naaaah :)

Well, Howie, we love you and feel so bad that you're stuck at RKO and have to drive
your old crappy car back home to your cold-water-flat...what? You say you have an
Olsen Cadillac as part of a deal, and live in a Wellesley mansion?

All very true. But just try getting WRKO's signal "west of Kenmore square" after dark :p

(Howie also announced an event with Michele McPhee and hinted he'd like to be working with her eventually--at WTKK, presumably. At one point
a few seconds of Howie were bleeped out, maybe because he was
saying something like he'd like to be "at another station" eventually...)
 
He has been ratcheting up the just below the radar anti Entercom jabs for the last few weeks.

Let's see if they have the testicular fortitude to suspend him again.

Personally I've been listening to more Michael Graham and Jay Severin in the afternoon, as 1200 doesn't make it into Southern NH, and WRKO has nothing for me. If I happen to make it back to 680 after 3 PM I'll listen.
 
What is on the HD-n subchannels of Entercom's several Boston-market FMs? They used to have two full-power Class Bs (93.7 and 107.3) and one Class A (97.7). I believe that, in moving 107.3 from Asnebumskit to Stiles Hill, they downgraded 107.3 to a B1, but I could be wrong about that. Still, a 107.3 subchannel would reach MetroWest and Worcester very well for people who have HD radios. And for those who don't, there is still WCRN.

If Carr were to jump ship to Clear Channel, it is unclear that the combination of AM plus HD subchannels that CCU could offer him would provide coverage equal to what Entercom can provide. For sure, CCU's AM side is no match for Entercom's. 1200 + 580 leaves a big gap in MetroWest at night; 680 + 830 does not. On FM, CCU could offer subchannels of 96.1 plus either 94.5 or 107.9. I think that represents better coverage than a subchannel of 107.3 with or without 97.7. But substitute a subchannel of 93.7 for a subchannel of 97.7 and I think you have better FM HD coverage than what CCU could provide.
 
I've never listened to such a miserable millionaire as HC. It's the contract he signed and agreed to, why is it so difficult to just honor the rest of the contract and then move on?
You'd think he had 15 years left at Entercom and wasn't getting paid a dime for his time.
 
I took Business Law when I was high school and in college. If my memory serves me correctly, and correct me if I am wrong, a contract can be broken by either side whether the contract is signed, or unsigned. The problem is this the reason why Entercom and WRKO would not let Howie go is because they knew if they did WRKO's rating's would go right down the toilet which they are reguardless of whether Howie is there or not.
 
WMKK 93.7 has Funkytown R&B on HD2 and WEEI on HD3
WKAF 97.7 has live rock on their HD2 and so does WAAF 107.3 (acc to HD radio site)
Was able to get the WMKK HD signals here in Beverly but not the other HD signals (97.7/107.3)

Agreed about CC vs. Entercom (and despite what one bigwig at Greater Media said, there still
could be a poss. he'd wind up at WTKK, though, where? Severin and Eagan and Braude have
long contracts.
 
Kevin Goodwin said:
I took Business Law when I was high school and in college. If my memory serves me correctly, and correct me if I am wrong, a contract can be broken by either side whether the contract is signed, or unsigned. The problem is this the reason why Entercom and WRKO would not let Howie go is because they knew if they did WRKO's rating's would go right down the toilet which they are reguardless of whether Howie is there or not.
Click to expand...

That's called breach. If the contract is valid (not void or voidable), the aggrieved party is entitled to seek relief under due process of law via a lawsuit...first year 'Contracts' class law school stuff.
 
MRBIboredop said:
offer, acceptance, consideration, specific performance......
Click to expand...

Offer, acceptance and consideration are the required elements of an enforceable contract. Specific performance refers to a method of enforcement that a plaintiff may ask a finder of fact (judge) to employ to make them (the plaintiff) whole again in the event of a breach. In other words, a plaintiff may ask a judge not to award damages if they find for them, but instead just make the defendant honor the terms of the original contract.
 
OK so in order to avoid a breech of contract what Greater Media could have done was to buy out the contract that Howie signed with Entercom You might say that GM does not have that kind of money to buy out a contract well yes they do and that's what they could have done if they wanted Howie that bad to satisfy Entercom's issue with the contract
 
Kevin Goodwin said:
OK so in order to avoid a breech of contract what Greater Media could have done was to buy out the contract that Howie signed with Entercom ...that's what they could have done if they wanted Howie that bad to satisfy Entercom's issue with the contract
Click to expand...

Entercom has to go along with a buyout...and nothing indicated that they would.
 
It may still be online--an interview Howie did around Sep. of '07. Ch 4 talked to Howie who thought he would be starting on WTKK soon, doing morning drive. He liked the idea of
doing that slot and being on a powerful FM station (no signal drop at night, no static) and he
wasn't pleased with RKO's management or at least one of his colleagues (the Felon).

Here it is:
http://wbztv.com/seenon/Howie.Carr.WTKK.2.589911.html

>>"I don't feel any real loyalty. One thing I learned from Chuck Scarborough -- in this business, you have to "bleep" them before they "bleep" you," Carr said...Carr's wife, Kathy and their three daughters have waited a long time to have him home in the afternoon.

(note: the vid on that page is no longer available)
 
Radio has made Howie Carr a very rich man. He certainly would not have gotten where he is today on his Herald salary, and his book earnings, guest shot in " A Civil Action" etc.

That being said, he has gone trough several employers over the years, with all the times WRKO has changed hands. He was content until Entercom came into the picture and put a leash on him. The management wants it done their way, and he does not like it.

The problem is, he signed a contract that pretty much gave Entercom a right to match and extend his contract. Howie's lawyers argued among other things that Entercom went past the time period allowed to exercise their option to extend, and he made a failed attempt to secure employment with Greater Media's 96.9. It was a done deal except that Entercom's lawyers went to court to enforce the contract, and won.

That is one of the reasons HLC has declared war on the Massachusetts judicial system and anyone connected to it is because he holds them responsible for his 5 year sentence at MCI Brighton, when it was his agents, lawyers and himself that got him into that contract.

Now that being said, Peter Smyth has said he has no interest in hiring HLC at this point. You can place whatever value you want on that statement. It could be factual, it could have been said to prevent any chance GM would be accused of interfering with HLC's employment contract with Entercom.

Not knowing the specific ratings for the morning and afternoon dayparts at 96.9 where HLC might fit in IF 96.9 was to hire him, but knowing in the 6+ PPM's 96.9 is beating WRKO, why spend the huge money HLC thinks he is worth if 96.9 can stand on it's own and beat WRKO with less payroll. I don't think anyone at 96.9, outside of the 2 to 6 guy, is making huge money, and I think in Jay's next contract he would probably not command the contract terms he is currently working under.

IMHO 96.9 doesn't need Howie Carr, and he has has few options, if he has any at all, so he can badmouth Entercom all he wants, but he needs to remember the old adage about biting the hand that feeds you.
 
You're spot on and to be honest I don't think Howie has used the "MCI Brighton" name yet but it sounds like a nickname he'd be likely to use!

Howie does have a second book out (in April, "Hitman" about Johnny Martorano) to be followed
by a novel, according to on-air mentions.
His options are indeed few--as much as he'd like to be on 96.9 he also might consider 1200
but could they afford him, and would it be worth the while for either party? If he went to 1200
and really wanted mornings they could put HC in morning drive and move Katz to afternoons
(Hannity delayed till 6) or early evenings (Hannity at 3). Could CC afford him? Is their signal
worth it?

Supposedly RKO wanted Eagan and Braude but they re-upped with Greater Media. I think
Severin's contract ends in 2013
 
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