Howard Stern isn’t about to take the dismissal of his lawsuit against Sirius XM lying down.
Judge Barbara Kapnick recently crushed Stern’s dream of a payout from his employer, a company he claims owes him millions of dollars from the stock options stipulated in his contact. The judge, apparently, felt that Stern had already been made whole, and dismissed the case without prejudice. Unhappy with her decision, the shock jock and his team of attorneys have decided to revisit the ruling in hopes of acquiring what they feel belongs to Stern.
The trouble surrounding the payout resulted from a merger between Sirius and XM back in 2008. The monies owed Stern were to be paid if the “Private Parts” author helped the satellite radio station boost the number of subscriptions. According to Stern, he did just that, though the numbers didn’t reach their target until after the stations’ subscriber base came together. That, as you can see, is where things started to get a little tricky.
According to Kapnick, some of the language in the contract was problematic due to the merger. In her eyes, Stern has already been paid everything Sirius XM owes him. He, of course, begs to differ, which is why the case may return to the courts should Stern’s appeal go through.
Stern is asking Appellate Division of the New York Supreme Court to review the case. The pre-argument files with the courts contains the following text:
“[Judge Kapnick] misinterpreted the parties’ contract and granted summary judgment for defendant before there was any discovery taken in the action. Reversal is warranted because, among other things, the parties’ contract is clear on its face that plaintiffs are entitled to the relief they seek or is, at a minimum, ambiguous.