Re: Howie Carr And The State Appellate Court - A Note Of Experience

[Casablanca]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

It was reported in today's Boston Globe that Howie Carr lost his appeal before a single justice of the Massachusetts Appellate Court and that that justice would not allow all parts of Carr's case to be heard before the entire Appellate Court panel.

Several years ago as a plaintiff against those same call letters that Howie Carr is challenging an appeal was brought before the state Appellate Court with similar results.

One of the justices had an ex partie conversation with an executive of the defendant's company after the oral arguments had been presented and told that defendant's executive that he had denied the plaintiff's appeal.

A few days later I ran into that executive at a media gathering and he told me that I had lost the appeal. An immediate call to my attorneys revealed that as of that date no decision had been handed down by the appellate court.

However, nearly three months later the decision was handed down by that court in favor of the defendant and written by that very same justice who revealed his decision to the defendant's executive three months earlier.

Of course, the justice denied any wrong doing and a complaint to the Judicial Conduct Commission was an equal fraud as they sided with the justice and in fact one member of the Judicial Conduct Commission told me outright that I did not hear what I heard from the defendant's executive at that media function.

What utter corruption of the judicial system at all levels.

Remember, most judges are just lawyers who know a politician.

As to Howie Carr's plight - do not expect much justice to come out a state court.

As Howie Carr is fond of quoting, "In the hall of justice, the only justice is in the halls."

 

[Roach1978]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

The bottom line is Howie was just stupid when dealing with his contract - he obviously didn't bother reading it when he signed it, or he just thinks that he should not be held liable for something that he agreed to legally (does he think he's better than the rest of us). If Howie was as smart as he thinks he is, he would have NEVER AGREED to that "matching offer" clause in his original contract to begin with. You reap what you sow.

Howie (as far as I can tell) got into this mess entirely himself and has no one to blame but himself. Entercom is just sticking up for themselves in this battle - as they fulfilled their side of the original contract - and I can't blame them for doing that (I would too if I was in Entercom's shoes).

Please note that I have (and never will) work in the Radio Industry (I am in a multimedia field though and have a good idea of what happens in contract negotiations) - and have never listened to Howie Carr's show (not taking a shot at him, I just never got into political talk radio - that's all).

 

[Mickey37]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

What a harsh wake up call that episode must have been. Says a lot about corporate radio, and the justice system.
There may be more than what you've shared here, there are three sides to every story, etc., but that just sounds like a horrible experience for you.

A few days later I ran into that executive at a media gathering and he told me that I had lost the appeal.

However, nearly three months later the decision was handed down by that court in favor of the defendant and written by that very same justice who revealed his decision to the defendant's executive three months earlier.

one member of the Judicial Conduct Commission told me outright that I did not hear what I heard from the defendant's executive at that media function.

What utter corruption of the judicial system at all levels.

 

[Casablanca]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

It was !.
What I discovered... and what Howie Carr is now discovering is that the law is less important than who you know and who is in the power structure and presently in power.
In my case, I was for all intent and purposes an unknown, going up against an entrenched power structure of judges,politician and a well connected family that then owned those call letters.
The jurist in question of course, denied any impropriety or venal action but it was clear that his action - specifically speaking about an appellate case with the Defendant without informing the Plaintiff was a total corruption of the system.

What a harsh wake up call that episode must have been. Says a lot about corporate radio, and the justice system.
There may be more than what you've shared here, there are three sides to every story, etc., but that just sounds like a horrible experience for you.

A few days later I ran into that executive at a media gathering and he told me that I had lost the appeal.

However, nearly three months later the decision was handed down by that court in favor of the defendant and written by that very same justice who revealed his decision to the defendant's executive three months earlier.

one member of the Judicial Conduct Commission told me outright that I did not hear what I heard from the defendant's executive at that media function.

What utter corruption of the judicial system at all levels.

 

[sp113]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

Howie (as far as I can tell) got into this mess entirely himself and has no one to blame but himself.

No, there were a few lawyers involved too... ;-)

Like any laymen, he depended on the advice of a few lawyers. And was no doubt told, that the clause was unenforcible under statute....and would "never hold up in court".

So during negotiations, you ask yourself, should I fight to get something taken out of my contract that I am told is unenforcible anyway?

The reality is....his lawyerS made a bad call.

Both the lawyer who negotiated his first contract......and the one representing him now.

That said, both of these lawyers and their firms are nothing to sneeze at. They are from large respected firms.

However, like all lawyers, they can only give you their "opinion"....cannot look into the future and what ONE judge (remember, so far this is only the opinion of ONE judge!) might decide.

So, he didn't get into this all by himself. He sought out the best advice he could from the top firms in the city....and they helped him get into this. ;-)

 

[rockababy]

I am totally disgusted with RKO and their antics and the judges who can't make an unbiased decision.

 

[Casablanca]

Welcome to Massachusetts !

I am totally disgusted with RKO and their antics and the judges who can't make an unbiased decision.

 

[TSBench]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

No, there were a few lawyers involved too... ;-)

Like any laymen, he depended on the advice of a few lawyers. And was no doubt told, that the clause was unenforcible under statute....and would "never hold up in court".;

Carr wasn't 'any layman', and this wasn't his first country fair. He was Mr. Toughguy, until he stepped on his weiner and now is trying to make his 'woe is me, I was just a lamb to the slaughter' lament stick. How's that workin' out for him?

So during negotiations, you ask yourself, should I fight to get something taken out of my contract that I am told is unenforcible anyway?

The reality is....his lawyerS made a bad call.

Actually, at the time he signed the contract, both the non-compete and the salary match provisions were both still legal in Mass. Since both non-competes and salary match clauses were pretty much talent contract boilerplate at the time, it's unlikely the lawyers told him they were both dead ducks. They may have told him the non-compete was on its last legs, but that wasn't what he lost on. And, of course, he could have bargained away both of the clauses, if he was willing to trade off some money, which he wasn't. At the time Howie signed that deal, he thought he had died and gone to heaven.

Also, at the time, where did he think he was was he going to go in the future? Imus and Severin were embedded in WTKK's lineup. WBZ's overnight for 60 grand? Salem for minimum wage plus tips? Pretty hard to make a case for Howie as a seer 5 years down the road when he had trouble figuring out what was going to happen in the next three months.

As for his lawyers leading him down the garden path, ask those folks in Hingham who bought property with the train tracks in the back yard but were told by their real estate agents that the time for trains had passed. Only an idiot thinks that its a good idea to sign a deal and have lawyers clean up all those annoying little details five years down the road. The only people led down the garden path were Carr's supporters and sycophants who he told his case was a slam dunk when he knew he was really in deep kimshee up to his eyeballs.

But WTKK got it right. They knew Howie was history, so they came out with their "we support Howie 1000%" statement (with a nice shot at WRKO thrown in), and usual suspects ate it up while everyone else knew what was coming. And, a week later, it came...the "we still support Howie 1000%, but we're going to make other arrangements" statement. This stuff just about writes itself.

I am totally disgusted with RKO and their antics and .

Yes. Why would Entercom try to enforce a contract that Carr signed? So unbecoming. If I'm ever in a lawsuit, I hope you're on the other side since I'd want someone who'd roll over without undue fuss even if they had the winning argument.

the judges who can't make an unbiased decision

Why is this a 'biased' decision? Their is nothing illegal about salary match provisions in Mass law. Should a judge ignore the law, or invalidate adjudicated legal contracts, in order to prove he's 'unbiased'?

Regards,
TSB

 

[jane grant]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

what's not being said here is what the impact of Howie's "going on strike" might be having on his program.

He likes to make that quote about you can't be missed if you don't go away. Fact is, Howie's gone away and few people really miss him. Does anyone miss Michael Vick? (Well, his team wishes they had his talent, but not the baggage that comes with it).

Howie, WRKO and Greater Media would have been better served putting the court cases on the air - simulcast 'em on both stations. Far better than the Howie Carr wizard of uh's or (yawn) HC's death pool

 

[NHRonin]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

Howie is at fault here for not reading his contract with WRKO and keeping his mouth shut. He could have let it expire, then signed with WTKK and there would be no issues and RKO would have no recourse.

Instead, Howie wanted to rub it in management and Finneran's face.

 

[Mickey37]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

Fact is, Howie's gone away and few people really miss him.

Your evidence of this "fact" is.....what?
"Facts" are supported by hard data. In this case, it could be measured in ratings. I don't know about anyone else, but I have not seen the ratings of his show since Howie went on sabbatical.
But too many people mistake their own opinions for "facts."

 

[jane grant]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

Mickey37, I enjoy your posts, but you are flying off the handle here.

Facts don't have to be alleged ratings. A people meter would be more efficient, and that's my professional opinion. But my facts in this case go beyond ratings, to public opinion.

Answer me this:

Was there the same public outcry for Howie Carr that erupted when Charles Laquidara left BCN for a film career?

Was there the same public sense of loss for Howie Carr's program as the community felt when Brudnoy's programming left the airwaves? Yes, David Brudnoy's passing was painful and sad, but don't let the sentiment we all felt toward's David's passing interfere with the loss of the program. The public was heard when
Brudnoy's show was gone, when Paul Sullivan's show was gone. Carr's show doesn't get the same kind of "being missed" as Laquidara, Brudnoy or Sullivan.

Thankfully the fans can tune in to Charles on his http://bigmattress.com/

Those are facts - substantiation is the lack of letters in the press defending Carr or hoping he'll come back.

Here's a question:

Does Howie Carr's site get as many hits as Charles' site?

I don't know, which is why I'm asking. But Carr made few friends in the media and articles were always reserved about heaping praise on him. His Bugler Brothers book didn't turn him into Dennis Lehane, did it?

Facts.

 

[Mickey37]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

I agree with you wholeheartedly that Howie doesn't generate the sort of affection among his audience that Charles, Bruds or Sully did.

Not even close.

But he does have an audience, he does have people who agree with many of his views.

Those folks can be dismissed out of hand, by saying "fact is, very few people miss him." We don't know how many do, we simply have no idea. They might not be as vocal about it, or you might be completely right, and they just don't care. But we just don't know. We cannot yet claim it as fact.

Was there the same public outcry for Howie Carr that erupted when Charles Laquidara left BCN for a film career?

Was there the same public sense of loss for Howie Carr's program as the community felt when Brudnoy's programming left the airwaves? Yes, David Brudnoy's passing was painful and sad, but don't let the sentiment we all felt toward's David's passing interfere with the loss of the program. The public was heard when
Brudnoy's show was gone, when Paul Sullivan's show was gone. Carr's show doesn't get the same kind of "being missed" as Laquidara, Brudnoy or Sullivan.


Those are facts - substantiation is the lack of letters in the press defending Carr or hoping he'll come back.

Here's a question:

Does Howie Carr's site get as many hits as Charles' site?

I don't know, which is why I'm asking. But Carr made few friends in the media and articles were always reserved about heaping praise on him. His Bugler Brothers book didn't turn him into Dennis Lehane, did it?

Facts.

 

[merlin843]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

have to agree with Jayne that Howie's generated very little "please bring him back." If the show disappeared I'm betting life would go on with no protest signs, no petitions to BBH (Bring Back Howie). He truly fumbled this one.

 

[Casablanca]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

Yes, I am afraid that Howie is in love with his own press clippings.
Still, he is being shafted by a corrupt Massachusetts Court system and the corrupt Massachusetts State Appellate Court in particular.
Wonder if off shore bank accounts to any of these judges is flowing in from a certain large broadcasting entity? Bet you can bank on it.

have to agree with Jayne that Howie's generated very little "please bring him back." If the show disappeared I'm betting life would go on with no protest signs, no petitions to BBH (Bring Back Howie). He truly fumbled this one.

 

[jane grant]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

A friend of mine from ten years ago told me he saw his lawyer fighting with the clerk over who would pick up the lunch tab at Cambridge Court. No conflict there, ya think? Hate to be the opposing party never having the chance to pick up the lunch tab. Oh, and by the way, the judges are too busy shopping to make judgments. It's usually the word of the clerk they take before they slam the gavel down. He or she does the reading and gives a Cliff Notes to some of the judges. Not all of them, but people should be aware of the game that goes on in the court system. Take a clerk to lunch today!

 

[Casablanca]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

Yeah, take a judge to lunch before he takes you to the cleaners.

A friend of mine from ten years ago told me he saw his lawyer fighting with the clerk over who would pick up the lunch tab at Cambridge Court. No conflict there, ya think? Hate to be the opposing party never having the chance to pick up the lunch tab. Oh, and by the way, the judges are too busy shopping to make judgments. It's usually the word of the clerk they take before they slam the gavel down. He or she does the reading and gives a Cliff Notes to some of the judges. Not all of them, but people should be aware of the game that goes on in the court system. Take a clerk to lunch today!

 

[raccoonradio]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

>>he is being shafted by a corrupt Massachusetts Court system

a letter to the editor in today's Herald also wonders if Howie is being punished for talking about
hacks, etc. Not the first time--he got audited once by the state Dept of Revenue and maybe even
the IRS too; politically motivated.

 

[Casablanca]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

Talk about stating the obvious. Of course, this is an episode of "Revenge of The Hacks." Do not be surprised if the Herald does an expose on these judges [ of course written by Howie and passed on to another reporter or The Inside Track ] and all the relatives these judges who have ruled against him have on a state or city payroll.
That will be interesting reading and show again how corrupt many state judges are.

>>he is being shafted by a corrupt Massachusetts Court system

a letter to the editor in today's Herald also wonders if Howie is being punished for talking about
hacks, etc. Not the first time--he got audited once by the state Dept of Revenue and maybe even
the IRS too; politically motivated.

 

[raccoonradio]

Re: Howie Carr And The State Appellate Court - A Note Of Experience

Exactly!
by the way someone on Free Republic wondered if Howie could do a show elsewhere in the meantime (I
think he's prohibited from doing a radio show in Boston but what if he did fill ins elsewhere, outside
this jurisdiction, as it were...? Severin
did that for a little while). Of course his lawyers would recommend he shouldn't. Howie did do some
Saturday work via ISDN line for KFI a few years back