DISH -VS- VOOM - A Settlement has been reached!
- Thread starter orlmac
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Amen to that! Moby Jack was great, I used to eat three of them for lunch back in the 60s...
To me, saying "everything looks fine" does not mean they met their spend requirement, just that their documentation of the $102M was good. Doesn't mean that all that $102M went toward "the service." I've never heard Dish complain about them spending the $100M+, just what they spent it on.
The problem is that Dish says it was supposed to go towards "programming", even though the contract says "the service".
That's like saying "we know the contract says the owner needs to spend $xx on the restaurant, but we took it to mean the food."
For those who missed it (it was mentioned in another thread), check out this zinger that was thrown out in court on Monday which was reported by Bloomberg!
When the jurors were out of the courtroom today, lawyers for both sides argued about other Dish documents. AMC’s Snyder said he was “suspicious” that Dish was hiding evidence again. Dish’s lawyer, Charles Kerr, said these communications shouldn’t be shown to the jury because they represented attorney-client discussions.
http://www.bloomberg.com/news/2012-10-01/amc-seeks-2-4-billion-from-dish-over-canceled-hd-deal.html
“Considering the track record of your company,” (Judge) Lowe said to Dish’s lawyer, “you sort of lack credibility.” The judge ordered that the documents be presented to him.
When the jurors were out of the courtroom today, lawyers for both sides argued about other Dish documents. AMC’s Snyder said he was “suspicious” that Dish was hiding evidence again. Dish’s lawyer, Charles Kerr, said these communications shouldn’t be shown to the jury because they represented attorney-client discussions.
http://www.bloomberg.com/news/2012-10-01/amc-seeks-2-4-billion-from-dish-over-canceled-hd-deal.html
“Considering the track record of your company,” (Judge) Lowe said to Dish’s lawyer, “you sort of lack credibility.” The judge ordered that the documents be presented to him.
They should keep a trombone player in the courtroom so that every time the judge says something like this, he can blow "mwah mwahhhhhhhhh".
Our New York City members need to pay a visit to the courtroom in lower Manhattan.
Just a guess at why no new info today
1. there was a motion to delay several hours to prep for arguments on the motion to use the Dish audit which could be damaging for dish. They did not want the jury there just for a few hours so they had them stay home.
2. there was a motion to delay so they could read over an out of court agreement.
3. The press was busy today, sometimes they only go to the start and the end of a case.
If there was a motion for delay it could of put them into the next day for the jury so no jury equals no press. It could of been in the chambers on the ruling on evidence
Wednesday will be next possible day for new info.
Saying of the day is: Voom Went Boom, but Dish may Loom
1. there was a motion to delay several hours to prep for arguments on the motion to use the Dish audit which could be damaging for dish. They did not want the jury there just for a few hours so they had them stay home.
2. there was a motion to delay so they could read over an out of court agreement.
3. The press was busy today, sometimes they only go to the start and the end of a case.
If there was a motion for delay it could of put them into the next day for the jury so no jury equals no press. It could of been in the chambers on the ruling on evidence
Wednesday will be next possible day for new info.
Saying of the day is: Voom Went Boom, but Dish may Loom
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Dunno know a lot about court trials and proceedings,been very fortunate not to have to deal with it.Just from reading the info here,it looks like Dish is off to a bad start.Would I be wrong to assume they would be extremely lucky to win?
They aren't going to "win". All they can hope for is mitigation on whatever cash and channel carriage they'll have to pay out to Voom.
Why should he give them a chance? They broke a legal contract for bogus reasons. Now they have to hope for mercy, it's all they have left.
In all fairness, the judge is supposed to oversee the trial process to ensure both parties follow the rules and are provided with a fair opportunity to present their case to the jury. Unfortunately, Dish had a less-than-stellar reputation involving concealing/destroying evidence coming into this case and, during discovery, the Judge (Lowe) had a major conniption when he concluded that Dish had willfully/negligently destroyed evidence in this case. Hence the sanctions, which were upheld on appeal.
While the contract issues should be a matter for the Jury, Dish didn't help their cause my pissing in Judge Lowe's Wheaties.
