Distant Networks: ORDER OF PERMANENT INJUNCTION - Effective December 1st

Discussion in 'General DISH™ Discussion' started by James Long, Oct 20, 2006.

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  1. Richard King

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    http://www.dbstalk.com/showpost.php?p=638425&postcount=1
    EchoStar Settles Nine Year Litigation With ABC, NBC, CBS and Fox Affiliates (maybe)

    Indeed it did.
     
  2. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Gold Club DBSTalk Club

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    Remembering that is a press release, which is to say, that article is exactly what E* would like you to think :) I like the "unlikely" part of the quote myself. :D Wishful thinking is what press releases like that are for!
     
  3. BobS

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    Newsflash for you Richard. Trade rags and other "industry" sources were and are often wrong. I have read reports from supposedly ace reporters on satellite issues that were rife with errors. I can quote several "respectable" people who believe the moon landing was a hoax. It don't make it so.
     
  4. Richard King

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    So, are you saying that Fox didn't "decline" the offer and pull out of the discussions? This WASN'T in a "trade rag", it was an official press release from Echostar corporate offices. I would think that if Dish were publishing fiction in official press releases which are read by the investing public that they would have more problems on their hands than distant network cut offs.
     
  5. BobS

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    I am saying that it wouldn't have mattered what Fox did or did not do. The horse was out of the barn. I don't consider a self-serving E* press release more authoritative than an industry journal article. And you know what I think of those.

     
  6. Richard King

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    If all parties, including Fox, had agreed to the settlement, and Fox was the only hold out, the horse would have been back in the barn. It may have been a "self serving press release", but, it still has to be truthful or they could have some serious SEC problems and by now would have class actions securities litigators (sort of like alligators) crawling all over them.
     
  7. Mikey

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    Yeah, like Charlie hasn't ever been sued before. :D
     
  8. Richard King

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    Yea, but he has managed to keep clear of SEC violations and class action scums. :D
     
  9. Greg Bimson

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    Yes, but, at the time, Echostar "believed" they could settle. A few of us recognized the fact that the Appeals Court told the District Court judge to issue the injunction, and that would probably scuttle a settlement. Of course, when Judge Dimitrouleas finally issued the injunction, it was mentioned in the explanation of the order:

    1) Fox had standing to ask for an injunction;
    2) The law states that the remedy is for a permanent injunction, and;
    3) The higher court directed the lower court to issue the injunction.

    Even without point one, if all parties came to a settlement, points two and three are still very valid. If a settlement with all parties was reached, the injunction would have still been issued.
     
  10. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Gold Club DBSTalk Club

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    ORDER GRANTING MOTION FOR ENTRY OF INJUNCTION; AND DENYING JOINT STIPULATION TO ENTER CONSENT JUDGMENT AND APPROVE SETTLEMENT AGREEMENT
    1:98-cv-02651-1019 (Citations ommited.)
     
  11. Greg Bimson

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    Of course, at the time, some thought a settlement could be reached. Even Dish Network. If you look at the press release in its entiretly, you'll see something at the bottom about "forward-looking statements".

    And that would be the disclaimer.
     
  12. Richard King

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    But.... But..... but....
    Thanks James for doing the work. :D
     
  13. BobS

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    Oh sure. You won't believe my unsupported statement but you'll believe James just cause he provided documentation. You always did like him better. :(
     
  14. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Gold Club DBSTalk Club

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    I made the statement a couple of times before digging up the text. :)
     
  15. Greg Bimson

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    Heck, everyone has made the statement a couple of times before digging up the text. :)
     
  16. Richard King

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    :lol:
     
  17. Richard King

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    That just goes to show that I don't like either of you. :lol:
     
  18. Richard King

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    And that just proves that I don't like anyone. :lol:
     
  19. HuggieBear

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    Ok the way I would take it.... Say all parties agreed to the setlment then the plantiff would have dropped the suit and would have been no need for a ruling. Since fox did not agree the judge was mandated to hand down the injunction.

    This is no different than if I fall at a store and sue for 100K and before the suit is settled the store offers me 75k and I agree to take it, I tell the judge that the matter has been settled and there is no need for his ruling in the matter. There is no more that he can do.
     
  20. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Gold Club DBSTalk Club

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    “even at the joint request of the litigants, the district court may not deviate from the mandate of an appellate court.”

    BTW: In your example, you would have sued for 100k, been awarded 90k by the court - gone through the appeals process and have the appeals court order the lower court to award 100k THEN settle for 75k. Settlements are done BEFORE damages are awarded.
     
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