Court Denies Emmis Big Boy Preliminary Injunction

RADIO ONLINE | Tuesday, March 3, 2015

A Los Angeles County Superior Court has denied Emmis Radio a preliminary injunction on Tuesday that would keep veteran morning personality Big Boy from moving to Rhythmic CHR KPWR-FM (Power 106)/Los Angeles until after the trial on the matter ends. The judge also lifted the TRO against Big Boy (aka Kurt Alexander) keeping him from joining crosstown iHeartMedia rival KRRL-FM (Real 92.3).

The ruling follows a breach of contract suit filed by Emmis Radio on February 3, that sought no less than $5 million in damages, as well as preliminary and permanent injunctions. The court issued the temporary restraining order (TRO ) to Emmis on February 10.

Following the ruling, Emmis said in a statement, "While Emmis is disappointed with the Court's ruling and will evaluate our legal options, we are pleased with the Court's indication that damages are an available remedy at trial. Emmis remains resolute in continuing to protect our legal rights and committed to the continued success of Power 106."

Emmis says it first discovered Bog Boy, 45, working as a bodyguard more than 20 years ago, and "has invested substantially over the years in helping him develop into the star that he is today."

"Big Boy has been a beloved member of the Emmis family for more than two decades, and we are particularly dismayed by his breach after we agreed to meet the iHeartMedia terms," said Emmis Chairman/President & CEO Jeff Smulyan in a statement in February. "I am personally saddened by his actions and the impact they will have on our brand and our people."

According to the complaint, Bog Boy's agreement provided him a 60-day window at the end of its term to entertain offers from other broadcasters, on the condition that he provide Emmis with a copy of any offer received and a right to match the offer. On January 16, 2015, Alexander provided Emmis with a copy of an offer from iHeartMedia to anchor a direct competitor in Los Angeles for an annual salary of $3.5 million, along with other benefits. Despite Emmis' match of the iHeartMedia offer, Alexander informed Emmis that he intended to take the iHeartMedia offer and would move to the Emmis competitor.