DISH -VS- VOOM - A Settlement has been reached!

[riffjim4069]

Also, it isn't really surprising the lady might cry. It sound like her not fully deleting an email might cost her company $2.5 Billion. I'd cry, too. That's got to be a lot of stress.

So, she's not a very good lying, cheating, manipulative wench...fire her! She certainly isn't Dish/SATS material.

 

[GaryPen]

I will never forget two ladies that worked for me getting into a knockdown brawl in the corridor. I made the stupid mistake of interceding and saying something inaine - something like " let's calm down" or something like that. They both promptly turned their torches on me and I beat a fast retreat. Lesson learned - don't. I'm guessing the judge would just about do anything to stop the crying.

Women hate it when you tell them to calm down. It's worse than calling them fat.

 

[riffjim4069]

Women hate it when you tell them to calm down. It's worse than calling them fat.

That probably explains the negative reaction I received when one day I said, "I wish you two heffers would calm down, shut your pie-holes, and take your psychobabble outdoors to the grazing' pasture.

 

[dare2be]

Women hate it when you tell them to calm down. It's worse than calling them fat.

"Calm down, fatso!"

 

[jacmyoung]

I don't have any inside info and no law experience and I could be way off base but IMHO I think the judge is going to do a summary judgement later this week. I'm not even sure that is possible now but if it is I think the judge has seen enough and wants to rule in AMC's favor.

If the judge intended to issue a summary judgment, he would not have delayed the trial by several days. Remember after his ruling, he still needs the jury to decide on the damages. There will be back and forth on testimonies regarding damages too.

If the judge was correct the jury will not be able to stay after another week, he will not be able to complete the trial. If this 3-day delay indeed results in a mistrial, it will not be Dish's to blame. The judge could have easily given the parties one day and ordered everyone back on Thursday or Friday.

Could the judge issue a summary judgment, allow Dish to appeal, then order another trial on damages later if necessary, based on the outcome of the appeal?

 

[coltrane679]

I have also gotten a negative reaction whenever I start a sentence with the phrase "Now listen here, you f****** c***"

Women--such hotheads!

 

[Tortimer]

If the judge intended to issue a summary judgment, he would not have delayed the trial by several days. Remember after his ruling, he still needs the jury to decide on the damages. There will be back and forth on testimonies regarding damages too.

If the judge was correct the jury will not be able to stay after another week, he will not be able to complete the trial. If this 3-day delay indeed results in a mistrial, it will not be Dish's to blame. The judge could have easily given the parties one day and ordered everyone back on Thursday or Friday.

Could the judge issue a summary judgment, allow Dish to appeal, then order another trial on damages later if necessary, based on the outcome of the appeal?

Like I posted I'm not a law expert just my gut feeling. I was thinking the judge would need a little time to prepare for what his summary judgment is and will rule later this week. He could also be giving AMC Dish time to arrive at a settlement before his ruling. You are probably right though.

 

[lern4483]

On one hand, I really hope Dish gets nailed hard for this. I'm SUPER bitter that they pulled the stations to gain a little leverage in the lawsuit, just like I was SUPER bitter when they dropped the VOOM stations (believe it or not, Monsters and KungFU HD were the selling points for me).

On the other hand, I know that if Dish does get smacked with a multi-billion dollar judgement, we will get the bill for it... and the way it feels lately, Dish may not ever carry Cablevision again .. like a spoiled kid on the playground .. doesn't get his way so he'll just take his toy and go home.

I feel exactly the way you do!
I have never gotten over the Voom
Takedown. That was the main reason
At the time I brought dish back to my home.
I still have dish because my wife loves the dvrs.
Especially prime time.
While the dvrs are great. Their business practice
Of pulling valued programming stinks.
I'm hoping dish gets hit real hard at the Voom
Trial.
It's time for dish to feel the pain.

 

[PTVC]

You obviously have no concept of debating in the context of the subject involved. There is no such thing as dismissal in this case, only the issue of summary judgment.

I had said in response to another post were the OP had basically said all that mattered was what was written in the contract:

If all that mattered was what was printed on paper, why would the court go through all the trouble, time and expense to seat a jury? This case could have ended before it got started.

You replied:

Because the Constitution guarantees the right to a jury trial?

To which I replied:

Just because a suit is filed does not necessarily mean it will make it through the court. The court could have decided that Cablevision had no case.

You:

Only if there is no dispute of facts.

Me:

Or if the judge felt Cablevision had no case and dismissed all or part of it.

You:

A judge cannot prevent a trial by "feeling" whether one party has a case or not. Only when parties do not have any dispute of material facts, can the court issue a summary judgment.

As long as there is dispute of material facts, even if the judge "feels" one side of dispute cannot be trusted, the court must still let the fact-finding be performed in a trial, by bench or by a jury.

In this example, if there is no disput between Dish and VOOM the "the service" meant all cost, whether programming and other overhead costs, and there is no dispute VOOM spent over $100M required, a jury trial would be unnecessary.

As long as the parties dispute the above facts, the judge cannot issue a summary judgment because he feels VOOM does not have a case, or Dish is lying.

Of course a party cannot disput facts for the sake of disputing the facts. If a reasonable person, faced with the facts, would conclude that there is absolutely no dispute of such facts, summary judgment can be issued, even if that party insists on disputing the facts.

Me:

Ok, you're right, don't get all tingly over the use of the word feel. Judges never dismiss, have no legal authority to dismiss all or part of a lawsuit, or to determine if there are facts to dispute. Judges just can not dismiss cases. It just never happens. Didn't happen in the match.com lawsuit, didn't happen in 'The Bachelor' lawsuit.

I don't think you understand the difference between a dismissal and a summary judgement.

Dismissal = There are no judgements entered, as if the case was never filed.
Summary Judgement = Judge makes a binding decision, as if a case had proceeded to trial and a decision had been made and a judgement ordered.

To say well a judge can always dismiss the case if he feels there is no case. Of course the statement alone is not wrong, but in this case, such statement is purely argumentative.

I never said the Judge could dismiss this case Now. I was never speaking about the topic in the present to begin with. My response to another poster, where the OP had suggested all that mattered was the contract, had nothing to do with the Voom case in its current form. Its one of those 'what if?' scenario's. What if all that mattered was what was written in the contract? Why would the Judge waste time and money seating a jury?

 

[PTVC]

The contract was for the Voom channels that existed in 2005. The channels Voom was providing in 2007 were crap compared to those.

They leach because they did not follow spirit of the agreement, even if the jury rules they followed the letter. Charlie I'm sure didn't think that the $100M commitment he asked for was to pay for posh office space, padded employee salaries, and what not.

Imagine if ESPN decided to cut back on what they are paying for programming. No more NFL, no more MLB, no more NBA, except for reruns on ESPN Classic. But they do show European Premiere League soccer. A few soccer fans love it, sure. But would the vast majority love continuing to have $10 added to their bill to carry the ESPN suite? I think there would be a revolt against ESPN.

That is what Voom did. They cut their programming, except for maybe Monsters HD. Sure, a few horror movie fans loved it. But the majority were not impressed. And as people went to DirecTV in droves to see Viacom stretch-o-vision, Dish needed out. If Voom instead focused on making their programming better, people, along with DirecTV, Comcast, TWC and the like would flock to them instead. But counting their money from Dish was easier, so count their Dish money they did.

Sure, maybe they followed the letter of the contract. But that does not mean that Voom execs were not a-holes for doing so.

That sounds like...

"I don't pay more than are legally due and frankly if I had paid more than are legally due I don't think I'd be qualified to become president."

 

[PTVC]

Stranger than fiction...

"A Dish Network executive yesterday stormed out of the courtroom sobbing after being insulted by the judge — only to return and launch into a finger-wagging verbal assault on a Cablevision lawyer.

In a wacky series of events in Manhattan state court, Dish programming boss Carolyn Crawford turned on her heels after dressing down Orin Snyder and, according to eyewitnesses, moved toward the exit and tapped the back of Snyder’s elderly dad and barked, “I hope you are proud of your son.”

That prompted Snyder to accuse Crawford of roughing up his father and he asked that cops be called."

Full Story

That's comical. All that was said was, "That woman has been in this courtroom since day one,” Lowe said, “and if I had known what her position was in this case, I would never have permitted her to sit here in this courtroom."

Can't say as I blame him considing the hard drive that contained documents that had been "double deleted" was hers.

 

[jacmyoung]

Can't say as I blame him considing the hard drive that contained documents that had been "double deleted" was hers.

Of course not, you probably think the judge was too nice, he should have just slapped her.

The problem is, if you put all the things the judge had said together, this trial no longer sounds like a fair trial. Too much has been said by the judge himself, in front of the jury. So why even have the jury?

At least it seems the judge realized it, and decided not to waste the jury's time anymore. My question is, now what? A summary judgment is unlikely because it takes time. And if there is no settlement by Monday, the trial resumes, there is not enough time for the jury to make decisions either.

 

[dangue]

The last thing the judge wants is for this to be a mistrial because of lack of time. There must be something else going on that we aren't aware of. Given how badly things have gone, a mistrial can only benefit Dish.

 

[mperdue]

Of course not, you probably think the judge was too nice, he should have just slapped her.

The problem is, if you put all the things the judge had said together, this trial no longer sounds like a fair trial. Too much has been said by the judge himself, in front of the jury. So why even have the jury?

At least it seems the judge realized it, and decided not to waste the jury's time anymore. My question is, now what? A summary judgment is unlikely because it takes time. And if there is no settlement by Monday, the trial resumes, there is not enough time for the jury to make decisions either.

Why do you keep assuming that these thing are being said in front of the jury? There are many discussions that take place without the jury being present.

 

[jacmyoung]

Why do you keep assuming that these thing are being said in front of the jury? There are many discussions that take place without the jury being present.

There has been so much drama in that courtroom I doubt it was even possible for the judge to haul the jury in and out every time there was indication either him, or someone else was going to blow a gasket.

 

[mperdue]

There has been so much drama in that courtroom I doubt it was even possible for the judge to haul the jury in and out every time there was indication either him, or someone else was going to blow a gasket.

The fact that YOU doubt it won't carry much weight if there is an appeal...

 

[jacmyoung]

The fact that YOU doubt it won't carry much weight if there is an appeal...

Doubt about what?

 

[riffjim4069]

If the judge intended to issue a summary judgment, he would not have delayed the trial by several days. Remember after his ruling, he still needs the jury to decide on the damages. There will be back and forth on testimonies regarding damages too.

If the judge was correct the jury will not be able to stay after another week, he will not be able to complete the trial. If this 3-day delay indeed results in a mistrial, it will not be Dish's to blame. The judge could have easily given the parties one day and ordered everyone back on Thursday or Friday.

Could the judge issue a summary judgment, allow Dish to appeal, then order another trial on damages later if necessary, based on the outcome of the appeal?

I agree...JL3 would have issued his ruling and not sent the jury home to make smores and snickerdoodles. Based on recent courtroom happenings I think Voom may file a motion for summary judgment and possibly additional sanctions, while Dish could file a motion asking the court to declare a mistrial and/or preclude evidence. But I'm merely speculating...

 

[HDRoberts]

Like I posted I'm not a law expert just my gut feeling. I was thinking the judge would need a little time to prepare for what his summary judgment is and will rule later this week. He could also be giving AMC Dish time to arrive at a settlement before his ruling. You are probably right though.

Why the heck would Voom settle if the court is about to give summary judgement?

You have the right 2 possibilities but I think they are somewhat mutually exclusive. Either Lowe is taking 2 days to type up his summary judgment and the jury will be back for damages Monday, or Dish and Voom jointly asked for time for settlement talks.

 

[HDRoberts]

It's time for dish to feel the pain.

The only pain Dish will feel is a temporary loss of competitiveness. Us subs will be the ones to feel the pain when it comes to paying for this, which is going to come straight out of our bills.