DISH -VS- VOOM - A Settlement has been reached!
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They will certainly have an argument on appeal that the judge was not impartial.
I don't get what the big deal was. So they didn't attach the files. Call them and send them over. Or heck, they are probably on file with the court already.
I don't get what the big deal was. So they didn't attach the files. Call them and send them over. Or heck, they are probably on file with the court already.
**SOURCE***
Dish has 4 Billion Cash on Hand. Some of this is reserved for this case and is earning interest
http://finance.yahoo.com/q/ks?s=DISH+Key+Statistics
It is Costing $470 to $520 Million a year (depending on taxes and accounting).
http://online.wsj.com/article/SB10000872396390443294904578046760757179412.html
AMC only had 300 Million in cash but this will soon be used up in paying the attorneys and from the missing Dish Sub revenue.
http://finance.yahoo.com/q/ks?s=AMCX+Key+Statistics
Bottom line is Dish is able to do the same thing to AMC that they did to Tivo. Yes Dish will end up paying but not very much. Just like the Tivo Case.
The reason why is all the Cash on Hand. Big Company vrs little company.
I understand your point about big company vs little company (and it's often true)...however, AMC Networks has only a 50% stake in this case after being divested from Cablevison. Cablevision holds the other 50% interest in this case and they too have deep pockets. Cablevision/AMC would have settled long ago if they were truly desperate for cash.
Pie in the eye...
Well, it's like a guy I knew (office worker) years ago who was charged with domestic battery involving his significant other. Nice guy...polite guy...genuinely well-liked and an affable character - so this incident came as a surprise to everyone. So what happened? The girlfriend baked him a pie for his birthday and he went ballistic..."Pie?...Pie?...Pie?" he was heard yelling. "It's Birthday Cake and not Pie you dumb b!(@^," he said. And he hit her in the face, with the pie, with such force that it dotter her eye. Oh me, oh my! "Why didn't you just eat the pie?" I told my co-worker who dotted her eye. "I don't know why I dotted her eye when I hit her with the pie," he exclaimed. "I guess I'll die."
Anyway, not to make light of the above incident, but you have to admit the facts surrounding this incident are pretty silly. It wasn't so much about the birthday pie as it was the one-thousand and one little things that led up to incident. The same analogy can be made about the judge losing his temper in this case. Did Judge Lowe go to far in his sanctions and courtroom admonishments for Dish's legal compliance? I cannot say, but the judge's actions certainly were not unprovoked as he has mentioned their actions in this case constituted borderline comtempt. Is Dish attempting to delay/frustrate the court into issuing a mistrial? Did the judge overreact and throw pie at Dish? We shall see. :caked:
Well, it's like a guy I knew (office worker) years ago who was charged with domestic battery involving his significant other. Nice guy...polite guy...genuinely well-liked and an affable character - so this incident came as a surprise to everyone. So what happened? The girlfriend baked him a pie for his birthday and he went ballistic..."Pie?...Pie?...Pie?" he was heard yelling. "It's Birthday Cake and not Pie you dumb b!(@^," he said. And he hit her in the face, with the pie, with such force that it dotter her eye. Oh me, oh my! "Why didn't you just eat the pie?" I told my co-worker who dotted her eye. "I don't know why I dotted her eye when I hit her with the pie," he exclaimed. "I guess I'll die."
Anyway, not to make light of the above incident, but you have to admit the facts surrounding this incident are pretty silly. It wasn't so much about the birthday pie as it was the one-thousand and one little things that led up to incident. The same analogy can be made about the judge losing his temper in this case. Did Judge Lowe go to far in his sanctions and courtroom admonishments for Dish's legal compliance? I cannot say, but the judge's actions certainly were not unprovoked as he has mentioned their actions in this case constituted borderline comtempt. Is Dish attempting to delay/frustrate the court into issuing a mistrial? Did the judge overreact and throw pie at Dish? We shall see. :caked:
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Three sealed documents (an offer of proof) and two other exhibits, submitted by Dish, were logged by the court this morning. Obviously, I have no idea what evidence is being argued other than to cut-and-paste the legal definition:
At trial, an explanation to a judge by a party or the party's attorney as to how a proposed line of questioning, or a certain item of physical evidence, would be relevant to its case and admissible under the rules of evidence. Offers of proof arise when a party begins a line of questioning that the other side objects to as calling for irrelevant or inadmissible information. If the judge thinks that the questions might lead to proper evidence, the questioner will be give a chance to show how the expected answers will be both relevant and admissible. This explanation is usually presented out of the jurys hearing, but it does become part of the trial record.
At trial, an explanation to a judge by a party or the party's attorney as to how a proposed line of questioning, or a certain item of physical evidence, would be relevant to its case and admissible under the rules of evidence. Offers of proof arise when a party begins a line of questioning that the other side objects to as calling for irrelevant or inadmissible information. If the judge thinks that the questions might lead to proper evidence, the questioner will be give a chance to show how the expected answers will be both relevant and admissible. This explanation is usually presented out of the jurys hearing, but it does become part of the trial record.
Some more interesting drama.
http://www.fiercecable.com/story/ca...twork-pushing-mistrial-voom-battle/2012-10-10
http://www.fiercecable.com/story/ca...twork-pushing-mistrial-voom-battle/2012-10-10
I know. I can't believe the judge would be annoyed at one of the parties for not following proper legal procedure in a court of law. What a stick in the mud!
just an fyi, Judge Lowe has been a lawyer since 1967 and currently sits on the New York State Advisory Committee on Judicial Conduct and Ethics. So he does know a thing or two about what does/does not represent misconduct on the part of trial attorneys.
I just don't see this ending well for Dish. What makes it worse, I think they may have had a decent defense, at least presented mitigaing factors to reduce any court order, but it sure seems they are playing games.
Speaking of a judge's reputation, again use the TiVo case. Judge Folsom was a Chief Judge, well regarded, and an experienced patent judge.
Yet he was found to be wrong in formulating the injunction against Dish, asking them to inform of him of any future patent work-around effort. In fact that provision seemed to have killed TiVo's chance to shut down Dish's DVRs.
Sometimes when a senior judge is rubbed in a wrong way, he could possibly come down hard on you, even if going a little beyond legal means.
Not saying this is the case here, but it would not surprise me if Dish's attorneys are doing it all over again.
Yet he was found to be wrong in formulating the injunction against Dish, asking them to inform of him of any future patent work-around effort. In fact that provision seemed to have killed TiVo's chance to shut down Dish's DVRs.
Sometimes when a senior judge is rubbed in a wrong way, he could possibly come down hard on you, even if going a little beyond legal means.
Not saying this is the case here, but it would not surprise me if Dish's attorneys are doing it all over again.
Tampa8 said:
Time will tell. This is why there are appeals courts. Dish's lawyers job is to run right up to the edge in advocating for their client. Judges have been known to get too wound up on occasion and we will soon find out if that is happening here.
Getting angry at one party for repeatedly delaying procedings is not "a hissy fit". (Unless, of course, you have some emotional attachment to the party being admonished.)
Friday should be interesting. The Defense is scheduled. Maybe even Charlie.
Key word is scheduled.
There are so many motions and objections that could delay it into next week so you never know. Given Dishes past I am sure they will find a way to delay it till mid next week.
Sure wish this was on TV
Key word is scheduled.
There are so many motions and objections that could delay it into next week so you never know. Given Dishes past I am sure they will find a way to delay it till mid next week.
Sure wish this was on TV
Interesting Article...
Turn Over Documents Or Else, Judge In VOOM Case Warns Dish Network
New York Supreme Court Judge Richard Lowe III was visibly angry with Dish Network today, thumping his desk as he accused the company of disrespecting the court, according to an account of the VOOM case proceedings from Andrew Harms of advisory firm Washington Analysis. “I don’t care how much money you got,” Lowe’s quoted as saying to Dish lawyers after the company failed to comply with his order to turn over documents that he said were not privileged. If Dish doesn’t give him electronic copies of the material, he said, then he might rule in favor of AMC Networks in its $2.5B breach of contract suit before Dish even presents its case — leaving it to the jury to just decide on the size of the damages.
Lowe also told Dish’s lawyers that he might initiate an investigation to see which of them failed to follow his directions, according to Harms. ”I do not believe that he does not know” Lowe said, referring to one of the lawyers sitting in front. This is just the latest instance when Lowe has butted heads with Dish. Earlier he found that the company inappropriately destroyed emails that might have helped AMC, and charged that Dish had engaged in “blatant misconduct and attempts to delay” the trial. Lowe needs to move quickly because some jurors have to leave at the end of the month (one is getting married), which could result in a mistrial.
Full Story
Anyway, it looks like this trial might be in session past 5:00 PM and on the weekends, if necessary. We shall see.
Turn Over Documents Or Else, Judge In VOOM Case Warns Dish Network
New York Supreme Court Judge Richard Lowe III was visibly angry with Dish Network today, thumping his desk as he accused the company of disrespecting the court, according to an account of the VOOM case proceedings from Andrew Harms of advisory firm Washington Analysis. “I don’t care how much money you got,” Lowe’s quoted as saying to Dish lawyers after the company failed to comply with his order to turn over documents that he said were not privileged. If Dish doesn’t give him electronic copies of the material, he said, then he might rule in favor of AMC Networks in its $2.5B breach of contract suit before Dish even presents its case — leaving it to the jury to just decide on the size of the damages.
Lowe also told Dish’s lawyers that he might initiate an investigation to see which of them failed to follow his directions, according to Harms. ”I do not believe that he does not know” Lowe said, referring to one of the lawyers sitting in front. This is just the latest instance when Lowe has butted heads with Dish. Earlier he found that the company inappropriately destroyed emails that might have helped AMC, and charged that Dish had engaged in “blatant misconduct and attempts to delay” the trial. Lowe needs to move quickly because some jurors have to leave at the end of the month (one is getting married), which could result in a mistrial.
Full Story
Anyway, it looks like this trial might be in session past 5:00 PM and on the weekends, if necessary. We shall see.
