johnnymk

This will be an interesting battle to watch.

http://www.newsmax.com/archives/ic/2...mo_code=3360-1

Fired talk show host Don Imus could file a lawsuit against CBS within a month over the $40 million remaining on his contract, according to a source familiar with the contract.

CBS lawyers argue that Imus was fired for cause – his disparaging remarks about the Rutgers women’s basketball team – and therefore he is not entitled to the money.

But as NewsMax reported earlier, Imus has hired Martin Garbus, one of the nation’s leading trial lawyers and a First Amendment specialist.

Garbus’ strategy could focus on language in the $10-million-a-year contract Imus signed in 2006, according to the source. The language stipulates that Imus should receive a warning before being fired for making off-color jokes, the source who has seen the contract told Fortune magazine. The source called it a "dog has one-bite clause.”

But that approach could ultimately fail because Imus’ comments were carried on the public airwaves, which are subject to Federal Communications Commission regulations.

Garbus is "a First Amendment lawyer who’s argued many important cases,” attorney Lynne Bernabei, who has represented plaintiffs in employment disputes, told Fortune.

But "in my mind there is a big difference between someone who is under contract and is under FCC regulations and someone who speaks out in town hall.”

Then there is the question as to whether or not Imus actually was given a previous warning about offensive remarks, Fortune points out.

For one, Imus once referred to PBS anchor Gwen Ifill, who is black, as a "cleaning lady

Thesifer

So did he break FCC regulations with his comment? I'm not sure what they ban or don't ban these days really..

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guiseppewv

I am not normally one who likes to see people get sued but I hope he takes them to the cleaners.

LPMiller

no, I don't think he broke FCC rules, he didn't do any of hte 7 words. And hey, a contract is a contract, so....should be interesting.

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zippyjuan

If it is in a Stevie Wonder song, can it be all that bad?
From "I Wish"
He didn't use "ho" with it, but Santa Clause uses that word.

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Markel

I'm no Imus fan (actually, the only thing I've ever heard of him was the infamous statement that caused all the commotion), but in this case I think he got shafted for the sake of political correctness.

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Houdini

It should be. Now that the hype has died down, I'd like to see what happens. Being fired isn't a joke, especially with that kind of money and that type of contract.

Now if he had falsely accused people of stuff, made anti-Semitic comments, or just ranted against different races, he'd still be behind the microphone, right?

I've never really listened to him. When I have, I've found him boring. Much rather listen to Walton and Johnson in the morning. But if the contract has that language, and he hasn't been officially warned, he may have a case.

cheapie

the couple of times that i've listened to him, i've tried to figure out why they made a talk show out of a guy having boring conversations with other boring people.

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