I'm no lawyer, but I would expect there to be an actual, printed on paper, contract that can be referred to. I don't see how emails could override what is on file.
DISH -VS- VOOM - A Settlement has been reached!
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Umm...you do realize that two courts have ruled the contract was ambiguous and that the court must look at extrinsic evidence to determine what both parties knew, or were reasonably expected to know, about executing and operating under this contract. If I were you, I would go back and start reading Page 1 of this thread. We'll be here when you catch-up. I would also suggest that you read the following definition of the term extrinsic evidence.
"Extrinsic evidence is similar to extraneous evidence, which is not furnished by the document in and of itself but is derived from external sources. In contract law, Parol Evidence is extrinsic evidence since it is not within a contract but, rather, is oral and outside the instrument."
You also realize that it is common knowledge that the ONLY...yes, the ONLY dispute in this case is determining what the parties understood the spend requirement mean as it related to the 'service'. Dish says it involves programming only while Voom maintains it involved programming and customary overhead. To support their case, Voom has provided reams of evidence backing their position. These artifacts include the LLC Agreement, Annex A and B, the preliminary agreement, emails, meeting minutes, financials, cost account methods exchanged during the due diligence phase, etc., ad nauseum.
As for Dish...well, their CEO and VP of Programming were deposed and stated under oath it was their understanding the 100M per year spend requirement was on programming only. Flashforward through Dish deleting evidence, withholding evidence, altering audit reports, improperly asserting privilege on non-privileged (and vital evidence) documents...and now it is being reported that auditors found deleted emails in which the CEO and VP of Programming acknowledge the 100M spend requirement included programming AND overhead expenses. Anyway, that's the evidence I've seen Dish submit so far in this case.
Anyway, I challenge you to look at the facts. Earlier you predicted this case would cost Dish $400M. I find that figure to be outrageous considering Voom had already invested 300M in the 'service' (i.e., in the red) before Dish terminated the agreement because Voom would not kowtow to their demands and agree to be re-tiered out of existence - or at least lose 300M by their executing under the terms and conditions of the agreements. According to Voom, they were required to invest another $200M into VoomHD before this agreement would be profitable well into the 6th year of this 15-year partnership and distribution agreement.
Sorry, but I see Dish coming out of this with a lot less cash in the bank. We shall see.
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If you haven't been following the case these posts should help you get up to speed...
http://www.satelliteguys.us/threads...ns!?p=2973781&highlight=ambiguity#post2973781
http://www.satelliteguys.us/threads...ns!?p=2985992&highlight=ambiguity#post2985992
http://www.satelliteguys.us/threads...ns!?p=2986302&highlight=ambiguity#post2986302
http://www.satelliteguys.us/threads...ns!?p=2986373&highlight=ambiguity#post2986373
http://www.satelliteguys.us/threads/137234-DISH-VS-VOOM-The-Trial-Begins!?p=2986598#post2986598
If there was "meeting of mind" that the cost included programming and overhead, and now Dish insists programming only, it most certainly works in VOOM's favor.
What puzzles me is, why does the Dish stock continue to go up in the past several days? I assume the analysts and investors are paying attention to this case, as well as other company related financial information.
What puzzles me is, why does the Dish stock continue to go up in the past several days? I assume the analysts and investors are paying attention to this case, as well as other company related financial information.
Just a guess, but maybe for charging more for HBO?
AFAIK, they didn't just renew their HBO agreement, so the increase of a few duckets per HBO sub ends up being a substantial increase in revenue seemingly created from thin air.
That said, when the lawsuit goes south for Dish, I'm sure their strike price will correlate.
AFAIK, they didn't just renew their HBO agreement, so the increase of a few duckets per HBO sub ends up being a substantial increase in revenue seemingly created from thin air.
That said, when the lawsuit goes south for Dish, I'm sure their strike price will correlate.
Man, I don't know what world you live in, but it MUST be full of puppy dogs and rainbows, and Charlie must be sitting on his throne so you can worship him better.
You really need to wake up, because Dish is going to get slapped hard with the final determination. It's clearly obvious that Dish has done everything they can to obfuscate the truth, and everybody but YOU and Charlie know that. Who knows, perhaps Charlie really does have a photographic memory and remembers what he says he does. If so, it seems to me his film is spoiled, and it's time to change to new film.
His gunslinger style of management is out of date, and people just aren't willing to put up with that sort of crap anymore. I predict the Dish Network branch of the business will end up being sold, and the sooner the better. Get somebody in there that knows how to run a business, since it's obvious he's failing.
If all that mattered was what was printed on paper, why would the court go through all the trouble, time and expense to seat a jury? This case could have ended before it got started.
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Prime they did his name is Joseph Clayton he's sharp. Look at the stock performance since he took control.
I am with you. I don't know what possessed Dish to go as far as they have with it. They should have settled years ago and it would have saved them millions of dollars, and hundreds of thousands of subscribers.
If only they considered the negative.
I'd assume the $5.6 billion in cash they recently amassed, dishNET and the impending wireless service is what is keeping their stock up. Although, a loss to Voom is predicted to shave 15% off Dish's stock value.
I'd assume the $5.6 billion in cash they recently amassed, dishNET and the impending wireless service is what is keeping their stock up. Although, a loss to Voom is predicted to shave 15% off Dish's stock value.
DISH -VS- VOOM - The Trial Begins!
Yeah, the variety article today about the courtroom setback mentions the stock price is being buoyed by their wireless plans.
Sent from my iPad using Tapatalk HD
Yeah, the variety article today about the courtroom setback mentions the stock price is being buoyed by their wireless plans.
Sent from my iPad using Tapatalk HD
Source
Judge rules emails can be intro'd as evidence
"Dish Network is getting creamed in its court battle with Cablevision, emails presented Monday weakened the satcaster's case in the breach of contract trial. That setback came the day that AMC logged record basic cable numbers for the preem of "The Walking Dead," even though the channel, formerly owned by Cablevision, has been dark on Dish Network for nearly four months.
Dish's colorful Chairman Charlie Ergen, who said this summer that Dish subscribers "live on farms and ranches and have no idea of watching zombies," is likely to testify Tuesday afternoon."
Full Story
Judge rules emails can be intro'd as evidence
"Dish Network is getting creamed in its court battle with Cablevision, emails presented Monday weakened the satcaster's case in the breach of contract trial. That setback came the day that AMC logged record basic cable numbers for the preem of "The Walking Dead," even though the channel, formerly owned by Cablevision, has been dark on Dish Network for nearly four months.
Dish's colorful Chairman Charlie Ergen, who said this summer that Dish subscribers "live on farms and ranches and have no idea of watching zombies," is likely to testify Tuesday afternoon."
Full Story
PTVC said:
Because the Constitution guarantees the right to a jury trial?
Charlie has been risk taking in the past and continues to do so, the TiVo case was a good example, along with the network distant signal case, and the Hopper ad removal scheme...such tendency also made him rich and his company continues to benefit from some of his risky decisions.
Let's see if and what he says tomorrow.
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riffjim4069 said:
The fact the show logged a record hit without Dish carrying it, seems to support his statement, does it not?
What's your prediction for the number of billions of dollars that will make up the rest of the settlement?
Must you be so condescending toward anyone with an opinion differing yours?
