Weiner et al v. Original Talk Radio Network Inc.

Filing 64

JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 6/10/13. (Attachments: # 1 Exhibit A)(fs, COURT STAFF) (Filed on 6/10/2013)

Exhibit A
The panel also finds that this breach by OTR is material and that, per Claimants' election,
any and all agreements between the parties (including, but not limited to, the Host Agreement, as
extended, and any agreement based upon the matched Courtside Term Sheet) and any future
obligations arising thereunder shall be and hereby are terminated. See, generally, Restatement
(Second) of Contracts, §§ 235-243; Pollock v. D. R. Horton Inc. -Portland, 190 Or.App.l, 16-17
(2003) ("whether there is a material breach is ordinarily a question of fact"); 1 Witkin Summary
1Oth (2005) Contracts § 926.
On all other claims, the panel finds that the parties failed to meet their burden of proof as
to their respective claims, and accordingly all other claims by the parties against each other are
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hereby denied.

AWARD
1.
Respondent OTR shall pay to Claimants Weiner and SPI the sum of $745,543.80,
plus interest thereon at the rate of9% per annum from February 29,2012, to the date of this
Award in the amount of $38,788.70.
2.
Within 60 days of the date of this Award, OTR shall pay to Claimants any and all
compensation due and owing under the formula set forth in paragraph 3 of the Courtside Term
Sheet for the period of January 1, 2012, to the date of this Award.
3.
Within 60 days of the date of this Award, Respondent OTR shall deliver to
Claimants all archived tapes and other "recordings" of "The Michael Savage Show" as that term
is defined in paragraph 14 of the Host Agreement.
4.
Except as otherwise set forth in this Award, any and all agreements between the
parties (including, but not limited to, the Host Agreement, as extended, and any agreement based
upon the matched Courtside Term Sheet) and any future obligations arising thereunder are
hereby terminated.
5.
The administrative filing and case service fees of the AAA, totaling $33,500.00,
shall be borne as follows: entirely by The Original Talk Radio Network, Inc .. The other
administrative fees of the AAA, totaling $600.00, shall be borne as follows: entirely by The
Original Talk Radio Network, Inc .. The fees and expenses of the arbitrator(s), totaling
$129,244.78, shall be borne as follows: entirely by The Original Talk Radio Network, Inc ..
Therefore, The Original Talk Radio Network, Inc. shall reimburse Claimants an additional sum
of $79,122.42, representing that portion of said fees and expenses in excess of the apportioned
costs previously incurred by Claimants. Otherwise, the parties shall bear their own attorney's
fees and costs.

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As an additional example, OTR' s copyright claim fails from the outset as OTR neither
alleged nor proved the requisite copyright registration under 17 U .S.C. § 411.
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1105125.1

This Award is In full settlement of all claims between tbe parties submitted in this
arbitration. All claims not expressly granted herein are hereby denied.

DATED: September 27, 2012

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1105125.1