I'm never pleased to see matters like this go to the threat of (or actual) litigation.
I sincerely wish we could settle our differences without resorting to lawyers.
That being said,
"Company (CBS Radio) acknowledges that Artist's (Imus') services to be rendered hereunder are of a unique, extraordinary, irreverent, intellectual, topical, controversial and personal character and that programs of the same general type and nature containing these components are desired by Company and are consistent with Company rules and policies."
Toobin said the legal issues in the Imus case are simple: "Did Imus breach his contract by saying what he did about the Rutgers basketball team?"
CBS dismissed Imus on April 12, eight days after he called the Rutgers players "nappy-headed 'hos" on his radio show, "Imus in the Morning."
"What stands out in the contract is he is supposed to be controversial and irreverent. That's what his statement about the Rutgers basketball team was," Toobin said.
"How is CBS going to argue that what he said was so controversial and so offensive that it isn't what they asked for in the contract?"
The contract does provide that CBS Radio may terminate the agreement for "just cause."
makes for quite an interesting legal question.
I think 1L's in their contracts class next year will have quite the topical conversation about it.