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Winches files lawsuit against Citadel

A

alabamamic

Guest
Sports radio personality Herb Winches is suing Citadel Broadcasting to return to the airwaves.

Winches filed a civil suit with the Circuit Court for Jefferson County, Bessemer Division, on Wednesday requesting a temporary restraining order against Citadel to prevent it from interfering with Winches' negotiations for employment.

[EDIT]
From the BBJ

[EDIT-truncated for unauthorized use of copyprotected material. This is a violation of Radio-Info's terms of service. In the future, please limit the citation and provide the URL as has been done as a courtesy below. Readers can click on the link and read the rest of the article.]

http://smallbusiness.yahoo.com/r-article-a-102099-m-61-sc-67-winches_files_suit_to_get_back_on_air-i
 
alabama is on record as legally against the non compete clause.

another thing that will break the deal is that the non compete clause has to be funded (the media outlet enforcing the clause has to pay the non-competer for the length of the clause which ciadel is not doing.
 
duncanalausa said:
alabama is on record as legally against the non compete clause.

another thing that will break the deal is that the non compete clause has to be funded (the media outlet enforcing the clause has to pay the non-competer for the length of the clause which ciadel is not doing.
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That is not completely true. If they WERE to pay him for the length of the contract, it would be a slam-dunk. But there have been non-competes hold up following court challenges without direct compensation. A lot depends on the verbage, and the person's ability to earn a living. Herb has a job on TV already - so it would be difficult to argue in court that his contract with Citadel is prohibiting from earning a living. It's only preventing him from appearing on RADIO at a competing station. Plus, they offered him continued employment at Citadel, which he declined. I predict Citadel wins this one.
 
I agree with Bhammer. I predict Citadel to win this one. He left by choice and he has employment.
 
I would agree, except that Herb filed in the Bessemer division of Jefferson County. Not sure how Bessemer has jurisdiction, but anyway, anyone familiar with that will know that Judge Dan King is the only civil circuit judge, and the Plaintiff's attorney representing HW is Bill Thomason, who has a huge practice in Bessemer and is front of King daily. So, consider that.
 
the case i am talking about is the joe langston (again this is from memory and i think herb was one of the participants in this too) where joe did the friday news for wbrc tv then monday did the news for 13 and 6 sued and lost.

if some has some links on this i would love to see it. i know the then state ag went on record against the non compete clause and wbrc lost the case. i also think that the same guys (3 maybe) came back to 6 the next year without incident.
 
Herb's case was removed to federal court. Which begs the question, how? If he was not asking for $75,000.00 in damages, then the federal court doesn't have jurisdiction. And if he sued Dale Daniels (in his individual capacity), who is an Alabama resident, then diversity doesn't exist. Interesting. My guess is that it will be remanded to state court. ???
 
duncanalausa said:
the case i am talking about is the joe langston (again this is from memory and i think herb was one of the participants in this too) where joe did the friday news for wbrc tv then monday did the news for 13 and 6 sued and lost.

if some has some links on this i would love to see it. i know the then state ag went on record against the non compete clause and wbrc lost the case. i also think that the same guys (3 maybe) came back to 6 the next year without incident.
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Actually, it was Joe and Herb---no one else. When they went to 13, for maybe the first time ever, Channel 13 became to top rated newscast in Birmingham. When Joe and Herb went back to 6 two years later, Channel 13 remained the top rated newscast, helped of course, by NBC's dominant prime-time line up in the '80's.
 
Article in Birmingham News states Winches case will be heard March 19th. I like how his argument against his non-compete is that it is "overly broad." It seems to me that when it comes to contracts, if you have objections or problems with the terms and language - the time to negotiate it is BEFORE you sign it. We do people so quickly sign and take the money, THEN decide the deal is unfair when things don't go their way?


http://www.al.com/sports/birminghamnews/index.ssf?/base/sports/11726547353410.xml&coll=2
 
I read that Winches and Citadel have kissed and made up, and he's headed back to JOX. So will he and Clear Channel now be headed to court?
 
Navig8or said:
I read that Winches and Citadel have kissed and made up, and he's headed back to JOX. So will he and Clear Channel now be headed to court?
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Haven't read exactly what you describe, but that Winches WANTS to work with Finebaum after those two have had discussions. The question is, if Winches did work with Finebaum, would he be an employee of Citadel or of The Paul Finebaum Radio Network? Not sure how that works.

At any rate, Clear Channel had no contract with Winches as of yet, only a verbal agreement. Sometimes those can hold up in court, but I doubt this will. WPMI in Mobile might be a bit ticked though, as they stopped carrying Finebaum in order to carry the show that was to eventually have become Winches' show.
 
Sources at WJOX say that Winches will NOT be back. It's just wishful thinking on Herb's part to get back in.
 
BlueRaja said:
Sources at WJOX say that Winches will NOT be back. It's just wishful thinking on Herb's part to get back in.
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The heading on page 3 of the al.com/Birmingham News story really sums it up:
Burned AM bridge

Gotta be careful about "burning them bridges"...looks as though that lawsuit might just come back to haunt Herb.


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