Protected no matter what happens to me I know that the dreams I have for my family can still come true financial security to stay in the home we became a family man and for our children to be able to go to college I reached out to select quote because I wanted to share my story if just one person purchases life insurance i know i will have made a difference select can find a 37 year old male of $500000.00 policy front or a dollar a day if there are people you care about you need life insurance and maybe the single most important financial decision of your life don't put off protecting your family or your frequent now call 80671778 that's 80671707806717070 or go to select this is a paid endorsement get full details on the example Policy dot com slash commercials not available in all states health care professionals from around the world gathered in Washington d.c. Also attending was family physician Dr Charles Schneiderman who fills us in the world health care Congress draws both of their actual international experts on the visions that both were very good for and answering healthcare common themes included educating and empowering consumers addressing Social Determinants of Health and rewarding evidence for the standardized and coordinated care this is Charles letter to Washington New York City Taxi Workers Alliance in the Big Apple says its members will go on a 2 hour strike during the 7 to 9 am rush hour Wednesday morning against goober in lift ahead of planned initial public stock offering San Francisco based seeming to raise 9000000000 Thursday drivers in other u.s. Cities planning a work stoppage Wednesday to demand minimum wage based drivers New York City already are legally entitled to $17.00 an hour after expenses more townhall dot com . A Denver landlord who was recorded telling her tenant to find a quote Merican person good like you and me to sublease her property instead of a Muslim father and son who were seeking to open their 2nd restaurant now has to pay the men $675000.00 in a settlement the 3 bad sued last year generating local news coverage online plays to boycott the woman's business Rashad Cod said it was a relief after more than a year of reliving his 1st experience of someone refusing to work with him that his father said dead because of their faith and race that dispute focused on a building in the Denver neighborhood surrounded by homes coffee shops and grocery stores have reportings Sinclair Broadcasting Group buying Fox's regional sports networks for $9600000000.00 from Won't Disney but $21.00 networks include exclusive local rights to $42.00 professional teams more of the stories at townhall dot com I'm Rhonda. Have you mixed your pain meds your cigarettes your allergy meds call the poison helpline has your child eaten a tube of toothpaste a chip events a wild mushroom called the poison helpline have you been bitten by a spider a snake and insect call the poison helpline poisonings can happen at the home on the job or in the great outdoors call the poison helpline 1st for fast free advice from medical professionals call 180-222-1222 anytime anywhere 180-222-1222 save the number save a life brought to you by the u.s. Department of Health and Human Services views expressed by the guests and telephone participants do not necessarily express the views of the management staff or sponsors of Am 950 k. Hi f.m. One o 4.5 k. High end am 950 k. Hi. The following is a live copyrighted presentation. Ladies and gentlemen it's time now for radio long Talk dot com with your host friends or any attorney applause and. Radio law Talk dot com. Welcome this May 4th 2000 night to the radio a lot of talk myself here on this myself Fred Perry We've got him we've got to Sturgis we have Callahan or we've got Donna on our call straighter and I'm not talking very loud so what we have to push my my mike but if you're here by yourself then that means Denise and I are just the voices in your head. You know Fred. When the practical matter. How are you dark matter. On his left shoulder I think this is the angel on the right here looks like matter if that angel of light. And dark matter go ahead and do it you know you don't want to I don't want to talk so weird because he has committed to what he does and hates there and charge of his life and you know what I actually have 3 C.D.'s. I have a I have a little zoo going at my house my daughter actually started an Instagram account called do it because of all here we got 3 cats a dog if you count the cats and dogs at her mom's house you get 3 catch 3 dogs to get those a rabbit. Yeah and you know Todd what do you do I couldn't I would be in the doesn't matter category you know now regular law talks been going on all or 2 years now we've been doing a lot talk for 2 years the most famous Instagram or photo of all time was not the target shows a picture to all his fans out there his bad they're all best up and asleep on it and I was like why did that he got more comments not other cats is like do you ever make you know. I don't know you know. Yeah you are all right look I will say this I I read there was a military general I think it was who said that if you get up and make your bed every day you'll be more productive because you've already accomplished your 1st task and I'll be honest when I do that I do have a more productive day and that's your top 2nd task of the day well the 1st task is just getting out. Well yeah it's my it's my one half of my push up regimen I do one pushup a day 1 in the morning and then at night I'm done and I go back to out so. You know your 1st task is moving all the kiddies around to get out of the bed don't let the cat sleep in the well you know you do Ok but whatever no wonder he doesn't. Know if he was. Single ladies out there he is single Well you know you know Ok you. Said It's too easy to I know just for you Ok I'll tell you I'll tell you what I'll tell you one of the one of the reasons and Denise is kind of has to do with you a little bit so when when we started radio there I don't know what the creepy mean was a so when we started radio log talking we're all getting to talk and get to know each other and Denise and Fred knew each other well I knew Fred I knew a little bit but then I get to know that he's a little bit more and she's like well starts to ask me Well what kind of girls do you like and I can already see I can see the engine in the gears turning in her mind you know oh brother I'm going to get set up here come the blind date it's going to happen and I thought what is kryptonite to any set up attempt what North them off because I know darn well she's like well here's this Instagram account you can take a look at it you think it's cute so I had you know what do you know so I said Absolutely so I. Mean it gets audience again and I haven't had one set up a score one for the time. And I honestly I show them that picture and they're not interested. But I got too many irons in the fire to add so many good men exist whatever you do and you got to spend at least 40 have your time with me through man among men so I think you Daryn. Well. We set these shows up and they just go off the rails sound a little bit they literally fall off the track and now we're going to try to focus it back on the track so I don't know what I think the only way we can do that is to get on with case or Ok all right then I'll roll it well right now it's time to play case or no case. Of every holiday by 5 long radio and tell us what you think about peace or know if it's a case and whether or not what the outcome is or you could just radio a lot talk now remember a lot of you don't want to be on the air and that's Ok And so we have a lot of people that tweet us or lot of times cow will take the call or dawn on our calls creator and you can just say it and then you don't have to be on the air but let's find out what this case for the case is to see if Denise and I can get more points because we each got 2 points last thoughts right and then so we're we're building our momentum to the semi go ahead and this should be in your wheelhouse Fred oh another musical case or no case this one involving Joyce Hilda Hatto. And anguish concert pianist and piano teacher who married a guy named William Barrington coop a record producer in 1956 she was pretty good but she was not a true virtuoso then later in their marriage she became ill terminally ill while advancing in toward her seventy's and her has husband Mr coop decided that he should make his wife a star before she died so he started selling it recording her and selling her C.D.'s worldwide to make a piano playing celebrity out of his dying spouse before the end came when critics heard her play they marveled at her skill especially they said for a woman in her seventy's then sadly at the age of 77 Joyce Hatto died sometime thereafter just a few months after gramophone her record label became suspicious because a sharp eared engineer heard one of her pieces by list and thought I've heard that exact same 3 c. Ology and keep order work from another player so he compared them then he started to look into our work more and more than he used and computer to do digital analysis and determined that the work sold as that of Joyce Hatto was actually a bunch of other recordings that had been snipped together by her record producer husband gramophone sought legal counsel and so I ask you and Fred it's your turn to go 1st here so I ask you a case or no case what your was gramophone is oh yeah the actual the marriage was in 1956 she passed in the early 2000 and he died. Well actually it all came to light in 2007 some There you go grab a phone I don't know gramophone is even in business we call Gramma Ok we could google that I don't know we can't google the rules are we cannot look anything up while we're receiving instruction from Co despite Todd's best. Efforts to find a way. I don't look anything up case related I get it medically I'm doing research and some things about stuff that will be coming up later but nothing to do with. The fact that what is gramophone is typed into my Google account has no bearing. And I get suspicious sometimes about you Ok well you know ever since you posted photos. Me. Thankfully the shows go along just fine all right here. We always. Know so for one minute last Curious Case of the elderly piano stret Well I want to think about this a little bit during the break because that gives me a little bit of a yes but I can. Make an opinion after the one minute mark is. Bringing up all the anecdotal here. Has thrown me off my game that's how to do it. Right Right now I don't know what that new look up gives that probably upset I don't want to sound like an idiot because I'm a fart lawyer we're going to get it after the break but I have to type of thing at the cost stuff like that because I'm very important cases without it I don't think I'll ever practice law again but you won't get this big get it that's for sure let me back out of this but the fact that it's not it's old again they bought the rail and we'll be right back with more Radio London they've. All advertising for legal services on radio la talk is strictly for the state or states in which the advertiser was licensed for more information go to Radio la Talk dot com. Not all law firms have extensive experience in all areas of the law it's wise to look for firms that have knowledge and understanding in your particular area of concern to go to pro law firms dot com They have listings of attorneys in key areas of practice such as Family Law estate planning personal injury bankruptcy and so forth when you're looking for a lawyer that has extensive experience in your particular area of need to go to pro law firms dot com that's pro law firms dot com promise dot com is not a law firm and is not of course I recommend any specific law for the cost of getting rid of garbage is high and recycling products is lucrative if you are a business or know of a business that needs an individual compact or bail or call Northwest contacting at 808-201-0911 if you already have an industrial compact or Baylor or shredder and need service Don't forget to call Northwest contacting at 888-201-0911 Northwest contacting your full service industrial contacting and failing company read more about them at Northwest compacting dot com I am Cameron Levitt chief operating officer of concussion medical clinic California's 1st concussion medical clinic is now open as concussions increase each year there's never been a greater need for concussion specialists are physicians that concussion medical clinic. Our board certified in pediatric neurology in sports medicine and have partnered with universities hospitals and rehab clinics to expedite the recovery process Simply put we're elevating the standard of care when you need an expert concussion opinion or concussion care visit concussion Medical Clinic dot com to schedule your appointment Jason Ross vacuous Fred penny managing attorney from Penny and associates injury lawyers Fred what type of cases are you dealing with now and what sets you apart Jason we help people with all types of personal injury cases were former insurance company trial lawyers we understand the other side which gives us a distinct advantage over our competition remember we don't get paid unless we win that's penny and associates injury lawyers with locations throughout California for free consultation go to any lawyers dot com or give them a call 180-6164. Did you know your trash is worth cash contact free college pleasure for more information we all have to be aware of our environment and recycling saves resources and money it's what our community is all about do your part by recycling today. At 530883735 that's 530-885-3735 let's start taking care of our planet. Because k. High cares here's another tape high community which is full Are you looking for a meaningful way to give back to your community child advocates a Placer County serves a community with Court Appointed Special Advocates adult mentors and family mentors these Placer County volunteers are specifically trained to serve at risk children and parents. Volunteers help foster youth at risk youth and young adults build resiliency self-confidence and self-sufficiency they help them attain academic achievement and avoid the juvenile justice system teen pregnancy and drug and alcohol use the goal of child advocates of Placer County is to see our youth make better life choices succeed in school and become happy stable and contributing adults they want parents to reunify with their children and rebuild their families and they want volunteers to come away with a sense of accomplishment and increase connection to our community and a feeling of joy that comes from giving back in a meaningful way the results are life changing for everyone if you think you might be one of the volunteers we're talking about here go to Casa placer dot org and click on volunteer. Magic to do you need to and I include you do. Not fair have a strict boss that only listens to music and never local news he's not very informed then but you knew that don't worry you can get up to the minute news information and local advice from our talented news team anywhere you want now follow k.-i on Twitter or like a on Facebook to receive local news updates multiple times a day you can also download our radio at that k. Had dot com and enjoy the voice of the boathouse at and at any. Time day or night. Time to get back to radio la Talk Radio dot dot dot com and on your favorite radio station. We have a lot of favorite radio stations now so it's a case there's a copyright issue here and the how profit loss tell gramaphone Grammophon wins you know that I didn't say they brought a lawsuit or so they sought legal counsel and all that well the answer is Well there is the case well think salt legal counsel I wouldn't know who would win or lose if they just saw. I mean that means did they make a case and you said yes or they wanted to they could fair enough well thank them we don't often want to not but they I think they would all right that's what I mean all right does so Denise Well I don't know if Graham is Joyce's record label or if they are the record label for different entertainers remember her that was a producer records and he was a producer for gramophone that I didn't know well that flushing you out as we go we got questions I'll be glad to answer them as they come along it could be a breach of contract too because if they were signing on for original works right it could be false advertising. It could be copyright or trademark infringement perhaps. He worked for gramophone and I'm going to say that gramophone didn't want to go through have all the problems it's. They've never brought a case no case interesting All right so you're saying that your gramophone that may have been upset they were upset they sought legal counsel that resolved it between themselves that never became a case Ok that's excellent work for them. What do you say Mr Cute as if it mattered so I am going to say here that well when you think about this case here is that there's nothing really remarkable about it and that's the thing that scares me this is just a this is just a case where somebody put something out there is this is this is like the equivalent of what lip sinking today were that's not your voice it's also a voice on the road you know shovel hookers that he did it as his wife began to die from a terminal disease that's the emotional hook out of all of this Ok all right all right well that's so thank you for letting us know about how this hooks. An emotionally emotionally. Cal has given us an emotional hook are great. So I am going to say in this one I'm actually going to go along with Denise and say I just don't think this is a case I think you are trying to do the triple whammy for us today and this is the 2nd leg in your triple whammy trifecta of no cases and I think that this is not a case where I don't think that's what Denise Denise didn't say it was no well she said I said factually it's true but they never got to court so it's no case Ok and I'm just saying I just think you made Ok I go forth with you I made a 4th we're 4th as a 4th with you and we can say that every month right now every know every minute. Difference a 4th of every month but if not we but not every month this is May and today's May the force as we say during the 4th be with you but it's just not the same time I get it. Yeah I'm really really old and I'm usually right here only. You know it's like oh no this is quiet here just drop it drop by you have no no no . $105.00 foot high straw. Thank you this is pretty interesting statement apparently anybody in trial against Fred now knows as they call it Mr Fluffers is the cat's going to take him off totally off all what I got I forgot what torts are . Right so off the rails a good case or no case the did the good the husband put out cobbled together recordings of other artists representing it as his wife's work the answer to that question is yes he did. Have threats yes in fact there are set of facts. To the ramified get together to find out the way I told you yes he did. And did the real question is did they pursue the matter beyond that because Denise says No Fred says yes Todd says Now you made the whole thing up well I didn't make it up I'm sorry telling the thought you know right so yes so the circumstances are true her husband did all the editing splicing and dicing to make his wife happy and her waning hours on earth he claims she really did record all of the pieces but just not as well as the ones that he found of other artists that either long since dead or in know that they had lying around that they didn't yes or whatever the fraud did not come to light until 2007 more than 6 months after she died and as Denise presumed to gramophone did not press charges the husband continued to sell the illicit C.D.'s He later came clean he apologized Mr Cooper said that he'd given up worrying about possible legal consequences that I didn't think I've heard anybody in fact that made people aware I guess of artists that they'd never long since gone whatever they Herford sure police force said it will take action if somebody complains who's a copyright holder of the work that he plagiarized no one ever did. Berrington coop died in their home and Royston Anglin 1005 prober 2014 and there you have it termites were nice one for Fred only deal hard hit like that right off. I don't think there are crowds today if you. Say where is your sister right no Sarah is the person that was feeling all that well that's what the letter said the right part of one yes we'll see she remembers that wow. Pretz Likewise the cat. I don't want. To go off that. Forced. The Ok for this our next hour the case of the wanted race car so we'll do that next time we're on case or no case let's talk about Holmes what I do know I don't watch t.v. That often I that's because I'm so busy I do it in the evenings but what does this tell me about bones talk you know what's that about so bones is a oh it's one of these detective shows that was on Fox ran for about 12 seasons and I believe was like one of the most popular or if not the most popular and successful show in Fox history in all that and there was a lawsuit and the long and short of it is people claim that Fox was doctoring the numbers to get out of paying those that were entitled to royalties to certain amount the case went to arbitration and it ended up the arbitrator ruled in favor of the plaintiffs to the tune of 178700000 it include punitive damages and when we come back we're going to talk about how that award was substantially curtailed because of the actions of the mediator Fred arbitrator had We're going to try to stay on the rails this time slot so join us back live day with this guys will be back to. Talk about arbitration. Water their break coming up will be back after the fall advertising for legal services on late talk is strictly for the state or states in which the advertiser was licensed for more information go to Radio la Talk dot com. Jason Ross vacuous Fred Perry managing attorney from Penny and associates injury lawyers Fred what type of cases are you dealing with now and what sets you apart Jason we help people with all types of personal injury cases were former insurance company trial lawyers we understand the other side which gives us a distinct advantage over our competition remember we don't get paid unless we win that's plenty and associates injury lawyers with locations throughout California for a free consultation go to Penny Lawyers dot com or give them a call 180-6164 law that's Pete and the wide Lawyers dot com This is tánaiste or we can represent clients in divorce legal separation child and spousal support custody terminations of parent all rights step parent adoptions guardianships and even conservatorship matters call 187-788-6718 extension 648 consultation the Law Offices of Denise l. Dirk's provide family law services and Northern California for the law affects your family 877867186 the family of attorneys at the nice elder is here to help not all law firms have extensive experience in all areas of the long it's wise to look for firms that have knowledge and understanding in your particular area of concern to go to pro law firms dot com They have listings of attorneys in key areas of practices such as Family Law estate planning personal injury bankruptcy and so forth when you're looking for a lawyer that has extensive experience in your particular area of need to go to pro law firms dot com that's pro law firms dot com amanpour dot com and a law firm does not endorse or recommend any specific offer of Hi I'm Frederick plenty of pain associates injury lawyers I bet you're tired of hearing lawyer commercials so just relax and listen to music for a few seconds. When you are a family member has been injured call 806164 law or c s opinion associates. It's show time with the Auburn placer performing arts center in the historic State Theatre on Lincoln way in downtown Auburn on Thursday May 2nd it's the big day of giving 2019 at the State Theatre the Sacramento region community Foundation's once annual 24 hour giving challenge to help over 600 local nonprofits raise funds to make a difference in the Sacramento region you can donate in person on Thursday May 2nd or online at Big Day of Giving dot org On Saturday May 18th at 7 pm composer Elliot Anders will perform baby boomer the musical in concert reserved tickets are $30.00 for a complete listing of all upcoming events at the State Theater stop by live from Auburn dot com tickets are available for purchase through the website by calling the box office at 530-885-0156 or in person Tuesday through Friday from noon to 4 pm be sure to check the event schedule weekly for shows like these movie nights local and national concert acts and more it's show time of the Auburn class a performing arts center $95.00 Lincoln way in Auburn. For almost 30 years now Valley Ranch has been serving the community with quality farm and ranch products farmers branding Purina quality hay alfalfa and straw all with the live real bailable looking for and during. The ranch they outfit telescoped riders with halters and rains need to keep their critters corralled Valley Ranch has horse shelters fencing gates and panels for every size animal on your spread and expert advice to help you design the perfect home for your livestock. Get your chicks in eco Valley Ranch and watch those laying hands produce fresh eggs for you and the entire family at Valley Ranch they have something for every animal you own including the cows. Valley Ranch for the highest quality dog food all at competitive prices Valley Ranch. St Paul 53023. That's. Downtown street store whole lot more advertise the radio the voice of the bloody ales and you'll reach those who matter most your local customers for your local business. Associates to tell you why. Radio this is Fred Pinney of injury lawyer and I choose the advertisement am 150 k. High radio because it works so call our sales team at 530855636 that's 530-885-5636 extension 2 start your local advertising today. One of the things that the tax bill did is it did not exempt state taxes from federal income tax so people who are high income in states like California or New York where you're already paying an inordinate state tax they couldn't take that as a discount on the federal taxes they're basically getting double tax in states like California and New York The point being that there will be a federal incentive for states to raise their taxes so what he's really complaining about is that Florida is will govern like complete garbage in New York is governed by complete garbage when you raise taxes in order that late you're depriving people out of state the. Weekdays from one to 3 pm on the voice of the foothills. Go to the website radio la Talk dot com You can listen to the show there and there's a lot of other good information too that's radio la Talk dot com. Yeah this post think it's just a little binary I think the photo years argued 120000000 dollar reduction verdict from the arbitration that is a huge victory I mean you talk a lot we're going to let me just see if I can give you the 120000000 knocked off your did and there's reasons why they did that why bones really. Did not. I have to pay that yeah so so when you get back to the underlying arbitration here that proceeding that was done before an arbitrator named Peter Lynch mint and Littman issued a 66 page ruling in favor of the plaintiffs that that basically ordered 50000000 in damages 120000000 punitive damages. And you know. That's a lot of money here that comprise the bulk of the $179000000.00 award and but in the opinion one of the reasons for the punitive damages was that Littman said rights is out here that the arbitrator is convinced that perjury was committed by the Fox witnesses to justify what they did so it wasn't just that they did what they did to arguably defraud or to to keep people from getting the money but then they came into the Arbitration Forum and lied about what they did to try to cover up their wrongdoings and that might have been the basis for the punitive damages but then we have to get into whether or not punitive damages were even recoverable to begin with but Fred So the issue is here so generally speaking again we're talking very general check your state your local lawyers. In a in a contract it's almost impossible to win punitive damages punitive damages generally are like a clear and convincing evidence that someone acting with malice oppression or fraud and it's very. I standards so they're pretty rare that you get punitive damages and that's why you know this one just also just just on that one you got to you got a gut check but you brought up why the arbor try to have said you know what there is punitive because that that they lied their fraudulent Yes but the question I have read for you and I'm just not rhetorical legitimate I don't so if you have a contract that doesn't say anything about whether punitive damages are recoverable right there in your standard that you just you know unseated about being clear and convincing evidence of malice and everything would apply in a situation like that what do you do in does that even apply what I'm asking here in a situation where you have a contract that explicitly spells out punitive damages are not recoverable in this action and that's what happened and that's what happened here not just damage to this contract Yes So that's what happens here you know the question becomes well if the arbitrator believe that they came in and perjured themselves you know look if you're lying about it that tends to make me think that you knew what was going on then that to me would support be clear and convincing standard of malice and that would all be great if we were dealing with a contract where punitive damages were recoverable but does it even matter in a case where the contract says King's x. You don't get punitive damages and both sides already agreed on it and this case came before the court as a breach of contract case and then it had arbitration clause in it so then it went to arbitration when you go into arbitration it can be binding or can be non-binding arbitration we don't really know if this is binding on non-binding I suspect it was not. Binding because what happened the posture to get back to the court was that decision comes down from the arbitrator and one party that that is not Fox but the other side. Brings a motion to enter and adopted this award as that judgment of the court and the other side Fox then brought a request to correct and amend the judgment to get rid of the punitive damages so the interesting part about that is that the court said and it could be very well be possible that Fox did not raise the issue of no punitive damages in the contract in the arbitration but in the trial court they can you know I said absolutely raise it what's interesting to me is and I'm going to jump on the other side I think it may have been binding and all they do is go to the court and just to validate it Ok You put their stamp on it you know I mean because it's an arbitration will usually be filed with that court that's local Here's your profession and let me tell you courts love arbitration Why do they love arbitrations because they don't have to deal with it they're too busy they're stacked with work and that's one less case they've got to deal with yes over here now this arbitrator which usually does in these I'm talking is a former more retired retired lawyer that hears that that's what the courts like so so what we have here just to get everybody we've thrown around a lot of terms Ok so where we are at in the reason this case came up is you got the arbitration you got the arbitration award the arbitrator was Mr Lippman and then both sides I know what the sides filed with the l.a. County Superior Court it went before Judge Rico and in the plaintiffs the ones that one of the money said Judge Rico we want you to confirm the award and the defendant's Fox said no we want you to modify the award to take out punitive damages because they're not recoverable all we know at this point is that Judge Rico issued what's called a minute order it's a small snippet to says Ok this is what I'm going to order we don't have his full order but in the minute order it's a motion to confirm the award that is motion to give you all 179000000 is denied. Motion to correct the award is granted punitive damages shall be stricken from the award the award will be corrected and confirmed as so modified and so basically it appears the judge Rico is saying. I have looked at your contract that you have argued the contract clearly says that punitive damages are not recoverable Therefore regardless of what he found Mr Wichman didn't have the authority to order 128000000 that will be stricken and we're moving forward there you know there's 2 things we have to understand those of you out there listening about these arbitrations generally speaking again we always think I was speaking arbitrators have a lot of deference courts give them a lot of deference to you to say they can allow this evidence and that evidence they can make it so they don't even need to to have foundation what's called a foundation built it just depends on the arbiter and I think that's where the arbitrator was thinking here is Ok I'm still in charge and I have a lot of difference what to do but my question is how do you miss this debt on the obvious thing in the agreement that both parties agree to is no punitive damages How do you miss that because that arbitrator concluded that the plaintiffs in this matter had not waived their right to punitive damages so they're even if there's a provision in the contract you have to still decide whether or not that provision is valid or void against public policy or some other kind of thing we don't know yet but that's what they plan of said this only deals with whether or not our clients waived this right we were going to appeal it we're going to let the Court of Appeals decide it and then Fox in return said the court did it right you know they would take they took away the punitive damages in let's look at how much time determining punitive damages might have taken out of the arbitration Let's assume the arbitration lasted a week you know maybe longer maybe less we're just going to call it 5 days a week long arbitration the evidence about whether or not folks were defrauded and whether or not Fox. Gave false numbers or whatever you know that's probably going to take the 1st 4 days of arbitration and then the arm. Trader makes a determination based upon the facts about whether or not this occurred and then at the end they determine Ok Will what's this worth and maybe they raise the issue about I mean if look if I'm the Fox lawyers I raise the issue 1st judge you can't award punitive damages our defense says right here you can't do that and I think the judge probably heard that I'm just speculating here but I could see the judge kind of like taking a provisional in golf if I can't find my ball this is the one I'm going to play and so the same thing here would be well I'm going to make this determination if it gets stricken it gets stricken If it doesn't this is the basis for my award doesn't take a whole lot out of the arbitration process you can spend days on it but this is what we have in my guess is on appeal they will be making arguments about whether or not that provision was void against public policy maybe we didn't have the right to contest it maybe it was an unconscionable clause you guys just said take it or leave it and we had to sign it who knows all the defenses will come into play but what we know will be at stake is whether or not ultimately on appeal from this going forward what's at stake is whether or not Fox is going to pay 179000000 or 59000000 or whatever it is after Yeah yeah I talk side of Fox wins on appeal that's just my take on it generally speaking I think that I this is blatant obvious it's not like these 2 people were farmers pushing their plow and signed as I will put nickels on this that they each have more years when they signed these contracts they had knowledge of this phrase and it's not like anyone was duped and I will say that I agree with you but one thing we haven't talked about is if the arbitrator determined that they perjured themselves under oath during the arbitration what is going to happen going forward on that separate case perjury during arbitration and maybe they try to settle it so I think they're going to settle that that's exactly where I'm coming from if they'll appeal it and they'll be a settlement somewhere in between that will be right back out on. To talk about. Michael Jackson. State when that's. All advertising for legal services on radio law talk is strictly for the state or state in which the advertiser was licensed for more information go to Radio law Talk dot com. If you want to if you owe money to the i.r.s. You need to hear this the i.r.s. Is cracking down on those who hold back taxes it starts with a devastating letter and if you don't act immediately you could find yourself having your wages garnished or have a lien placed on your property but there's a solution tax 10000 can help avoid enforce compliance where these holds on your income and seizure of your home could become a nightmare that just won't end call 802399957 now and speak to one of our experts 802399957 is the number to link you directly to a tax resolution specialist who will negotiate with the i.r.s. On your behalf working through the i.r.s. 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Hey Pat lovers it's time to save big at incredible pet spring sale this Friday Saturday and Sunday May 3rd 4th and 5th at all 6 locations super savings on pet food and more for your dogs cats birds and fish safe store wide pedigree dog food 50 pound bag chicken and steak flavors 1999 signature dog food 27 lb bag selected flavors 5499 natural balance l. 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Sports with Crickey scorner from Washington to Wall Street and covering the world join me Monday right here on America's 1st News I'm very sure you're joining that and me every day 6 to 9. In here on high radio. Thank. Radio a lot now back to the show. That was that I am. I can't say I can't there's you have cats I don't so I can't get that yes yes yes Michael Jackson we talked about Neverland for this Neverland h.b.o. Leaving Neverland leaving that was about a month ago it was on h.b.o. That's right it's I mean you can still get it because they have their on demand stuff but this was the this was the story that focused on 2 individuals who told their story and allege molestation by Michael Jackson and occurring at ages I believe the boys were $8.11 they weren't together it was different times for different boys but they gave their stories and you know look the stories are not without. Challenges to the credibility both of these individuals I believe when Michael Jackson was being sued back in the mid 2004 was being prosecuted said nothing happened and now they're coming forward to say that it did so the stories have changed and they talked about that you know why they said what they said and when they said what they said but it's brought out here yet on one issue want to bring up this very important and the allegations because you know here's a person that's no longer alive that you can't defend himself but his state is saying that now when they came and testified these young boys they were not young boys when they testified their twenty's when they testified and they testified said No nothing happened it's not like Ok well the boy testified when he was 8 and you know that's a little boy and I get it that he didn't you know he didn't want to say anything but they're in their twenty's and they're testifying on behalf of him Michael Jackson saying that he didn't do anything inappropriate Now they change their mind . Which is by the way the last place they had lost it was up on appeal and lost the lawsuit now this Neverland. You know. So what's happening is that the Jackson estate is suing h.b.o. For depicting Michael Jackson Al in a very bad way and they're trying to invoke a 26 year old contract that Jackson had signed with h.b.o. And in that contract they were it requires arbitration and in that contract there was a secrecy and non disparagement provision in that contract that the states trying to force against h.b.o. Just explain went on disparagement that's where you can't hold somebody up in a bad light you can't say anything that's negative about their life or their career or their profession and arguably leaving Neverland. That show held Michael Jackson out in a bad light so you know this raises a couple of questions the 1st one is one how come they're not just going for going straight defamation of character theory and one of the things that's pointed out here is that when somebody dies they have a diminished they have a diminished capacity to to to you know defend their character they're dead all right so it's how do you show damages You're going forward so a person who's dead doesn't necessarily have death defamation rights the same way that somebody who's alive would have been so the Jackson estate had to find a different way to bring the lawsuit and this is our this agreement that you're talking about now this is very common to get publicity for new albums that come out and stuff stars will often sign deals to have somebody follow them around and do the behind this scenes thing and maybe do this in addition to a concert that comes out and they have all this stuff and h.b.o. Had signed on to follow Michael Jackson and do a promote. Ssion of his album Dangerous when that came out now was back in the early ninety's and as part of that you can see why the Jackson team would want this if you're going to follow around we don't want anything disparaging for us to come out and so there was a non disparagement clause in that agreement for the production of that show that surrounded the release of The Dangerous album and h. And the Jackson estate is essentially arguing that that non disparagement clause agrees goes on forever and ever and h.b.o. Is saying yes that one stopped when we were done with that production and if that production and what we did in that production did not. Violate that agreement then we were not in breach but it doesn't go on in perpetuity that's exactly what. That's the perfect way to describe it Todd That is the perfect way to describe it if we get down on the loot. That is the perfect way to describe it tawdry it just doesn't happen very if you said it about Fred it would be going to be on the list. I just don't want to see it off the rails Ok all right here on the rails I'm just worried about going to have you know the man call you got a perfect way to describe it for a guy that's. Just got free love. All right well anyway but the the we're we're following that's the something we've been following this h.b.o. Fight with Michael Jackson estate and by the way Michael Jackson's estate after he passed away the amount of money that came in and his records that is music and everything just vault. Just did very well and but this is this was a very disparaging thing on Michael Jackson and it does as a lawyer you know and even as a person listen this you just have to like turn here you kind of turn your head like the dog when you blow the whistle and say they are in their twenty's when they said nothing happened why and then they said nothing happened when they were earlier as kids so twice they say that I'm being the devil's advocate and now they're saying oh my gosh they bring lawsuits they bring it out for money and they lose they lose on the appellate court and by the way let's go ahead and do this Neverland interview and my response look I'm I don't think anything that we put out here is the smoking gun this will win the case for them and me Fred just articulated what I think is a very valid argument on behalf of the Jackson estate undermining the credibility of these folks I think the argument that's made on the other side is this I agree that in the case of one of them Mr Robson. Let's look at him he was if you ever saw that show So You Think You Can Dance it was on Fox It was the dance competition that was similar to American Idol he was one of the coaches for the dance couples the choreographers that would work with these folks he was also a guest judge some of his. Career is directly attributed to the influence of Michael Jackson coming forward and back in the 2 thousands Jackson still a hot commodity in get his album that he died while preparing for the tour was was coming up in later on in that decade and his argument would be if I had come out and told the truth about Michael Jackson given the way people that were critical of Jackson by the hip hop community and the record community that would have been career suicide for me and so I felt pressure to testify the way that I did that's for him and the other gentleman who basically came back and testified contrary could make similar arguments because Reese but it's not forget he was an actor at the time he's the one that was it commercial with Michael Jackson and so they can still claim that it was the pressure that was put upon them given the industry that they were in that was their livelihood that they felt compelled to support Michael Jackson because if you want to get insta may be a pariah Again not saying that's a smoking gun not saying that that justifies if they testified in court after taking their oath clear perjury but that's the argument that they're going to make I. If I would put on my speculation hat I don't think that the Jackson estate is going to prevail and they're not they're not I don't think so because there are good they just want to get into arbitration so they can try to get some money out of it and right now it's the court that has to decide whether or not they're at the arbitrary to arbitration even can go forward because. Because the does this little incident of leaving Neverland arise out of the contract such that the jurisdiction is with the arbitration. What is that 8 American Arbitration with education and I think that that is a legal decision and I don't think the arbitration is south can make that decision well I tell you right now we're talking about it everyone else is talking about it someone is making money on it because we're getting a lot of publicity and probably everybody's making money on this and it's help that doesn't smell a bit of desperation from the Jackson estate because obviously the cash cow that they've been relying on the Jackson family you know the whole Michael Jackson thing that they're not getting any money out of this I mean his sales are down everything down about him this interests now a little bit of a desperate bunch of people trying to get any money my take on it is from their perspective they sat back in said nothing and remained completely silent on that they feel that would be taken as a tacit admission of guilt with his party even though they know they're going to lose they have to say something so that it doesn't look like they're admitting he did and I was a person is dead they can't defend themselves and you know what it's all about money right it's all about money and I get that idea that we're lawyers that's what we do hey we're excited that you joined us for this wonderful radio long talk wild hog takes us out dancing Fred Perry your host our number 3 of radio la talk is coming up don't go away. You have been listening to radio. Talk dot com a copyrighted presentation of radio la talk Incorporated. Hi there I'd like you to meet my friends yeah it's actually a pair of boots but they are real friends because they fit they're comfortable and they protect my feet now not all boats are your friends you know they're worn out they hurt your feet or just don't fit right if that's the case I invite you to come to Mickey's boots in Auburn and let us introduce you to some new friends. Of course you want your new friendship to get off on the right foot so we will make an extra effort to get a fit that's right for you top name brand work boots like Dan or double h. 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Ultrasound broadcast on massive digital screens in Times Square the New York legislature stood up and applauded that weekend take a baby's life at any time they saw some absurd reason to applaud for that and we said we have to do something and it felt like this was the time to break this idea out and go for it a chartered Boeing $737.00 slid off the runway at Jacksonville Air Station last night a civilian contractor aircraft arriving at Naval Air Station Jacksonville from Guantanamo Bay Cuba slid off the runway Runway 10 up here at Naval Air Station Jacksonville into the St John's River Navy security and emergency response personnel were at the scene immediately and began rescue efforts commanding officer Captain Mike Connors has all 143 on board were safely evacuated to 21 were taken to an area hospital in good condition. At Cape Canaveral earlier this morning 3 you won. A space x. Falcon rocket took off with a load of supplies to the International Space Station recycle Dragon capsule with $5500.00 pounds of goods making its 2nd trip to the outer space and due to arrive the orbiting lab on Monday the booster Meanwhile street to a smooth successful landing on a recovery ship just off shore from Cape Canaveral check out more news read more analysis both at townhall dot com Really fact there is made from high quality fish oil and essential nutrients gives your body to help me to aid fighting recurring aches and pains when life's aches and pains get you down you need relief physicians made relief factor is an essential way to support the body's fight against aches and pains it's a remarkable product it is worked I only endorse it because it helped my wife with her knee pain I didn't even know she was taking it then when it was mentioned she said Oh yeah the stuff is like magic but there are people who've told me they've postponed or delayed or simply negated surgery because of really factor that's how powerful it has go to would w w w dot relief factor dot com That's relief fact there are dot com or call 805-8384 that's 805-8384 this remarkable product is called Relief factor relief factor dot com. Authorities say a man who was sent to California's death row for killing in mutilating a 5 month old girl has died of natural causes state corrections officials say 56 year old Pratt and singer died Thursday night at a hospital the specific cause of his death this petting and Sigurd was sentenced to send quittance death row in 1902 for killing a 5 month old Santa part of a doubt County girl prosecutors say penciler who was then I tane kidnapped Michelle ladder and her brother Michael after drinking with their parents if it was killed her brother was released on arm California has 735 prisoners on death row but Governor Gavin Newsom has put on hold all executions with an executive order Patrick Frost reporting on this date in 1998 Unabomber Theodore Kaczynski was given 4 life sentences plus 30 years by a federal judge in Sacramento under a plea agreement that spirit him the death penalty breaking news an analysis at townhall dot com supporters of Medicaid expansion in the Kansas House again block the proposed state budget in hopes of forcing a vote in the Senate on an expansion plan and meanwhile playoff action one game in the n.b.a. This afternoon it's Game 3 between the Warriors and the Rockets Golden State leads 2 games to none in the n.h.l. To.