WRKO host Howie Carr heads into Suffolk Superior Court yesterday.
from today’s Herald; ping for the Howie Carr list
Carr ruling possible today
Lawsuit over ’RKO pact has radio host in limbo
by Jessica Heslam/ Boston Herald
Tue 10/16/07
A Suffolk Superior Court judge could issue his decision as early as today on whether he’ll reconsider his earlier ruling that has kept Howie Carr from getting behind the microphone at WTKK (96.9 FM).
Carr has asked Judge Allan van Gestel to reconsider his earlier ruling that the right to match provision in Carr’s contract with WRKO (680 AM) is valid and enforceable. In 2002, Carr signed a five-year agreement with WRKO that contained the provision, which gives the station the right to match a competitor’s offer.
In July, Greater Media’s WTKK offered Carr a deal worth up to $7 million to host its morning drive show, which WRKO matched.
In court yesterday, Carr’s attorney, Bret Cohen of Minz Levin, pointed to a case involving the legendary Brockton boxing champ Rocky Marciano and his former manager and trainer, Gene Caggiano.
The two entered into a contract that said if Marciano became a professional boxer within five years, he would hire Caggiano. When Marciano didn’t hire him, Caggiano sued. A judge ruled that their agreement was enforceable, but it was reversed by the state’s highest court.
Cohen said Carr’s contract with WRKO ended last month and that the law says “you cannot have a contract to agree to a contract in the future.” Cohen said the Entercom-owned WRKO is trying to hold Carr, also a Herald columnist, to a contract “where the most critical elements were unknown at that time, and that is length and amount of money.”
But WRKO attorney Shep Davidson said Carr is under contract to WRKO until 2012 and he referenced a case involving the Boston Celtics and former player Brian Shaw, who wanted to leave the team to join one in Italy. A federal judge said Shaw had to honor his contract with the Celtics.
While Carr’s attorneys say the right to match provision is illegal under state law, Davidson argued that the statute doesn’t apply to this case because there was never “a gap in the employment relationship.” Quoting the contract, Davidson said the right of first refusal “allows Entercom to continue (the) artist’s services.”
Davidson also asked the judge to ban WTKK from publicly talking about the possibility of Carr joining their lineup.