Broadcast Company of the Americas, LLC (XX 1090 San Diego) v. Fiddy-Fo Inc. (Billy Ray Smith) and Chump-Dealer Production, Inc. (Scott Kaplan)
Published: Sep. 8, 2012 | Result Date: Jul. 23, 2012 | Filing Date: Jan. 1, 1900 |Bench Decision – $490,368
Court
Judicate West
Attorneys
Claimant
Dick A. Semerdjian
(Schwartz, Semerdjian, Cauley & Moot LLP)
Respondent
Phillip C. Samouris
(Higgs, Fletcher & Mack LLP)
Facts
Scott Kaplan and Billy Ray Smith hosted a popular morning show on XX Sports Radio 1090 for more than a decade, but Kaplan was fired after he made derogatory comments on air about a female broadcaster. Later, Smith's contract was also terminated. Kaplan and Smith sued their former employer, and the matter proceeded to arbitration. Kaplan and Smith both had provisions in their contracts that outlined a process to be followed in the event of a dispute. They argued that the radio station failed to follow that process.
Contentions
CLAIMANTS' CONTENTIONS:
The claimants alleged that Respondent terminated their contracts without cause and in doing so failed to adhere to a mandatory dispute resolution process addendum in each contract.
Result
On July 5, 2012, the arbitrator awarded $490,368 to claimants after a three-day arbitration.
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