Court Denies Nielsen Rehearing Bid in Cumulus Case

RADIO ONLINE | Thursday, August 20, 2026 | 6:33pm CT

Nielsen and Cumulus Media

The U.S. Court of Appeals for the Second Circuit has denied Nielsen's request for rehearing in its legal battle with Cumulus Media, leaving intact the court's earlier ruling in favor of the broadcaster. In a one-page order issued August 18, the court denied Nielsen's petition for both panel rehearing and rehearing en banc in Cumulus Media New Holdings Inc. v. The Nielsen Company (US), LLC, Case No. 26-88.

Nielsen had asked the three-judge panel that decided the appeal to reconsider its decision or, alternatively, for the case to be reheard en banc by the full court.

The Second Circuit said the panel that decided the appeal considered Nielsen's request for panel rehearing, while the court's active judges considered the request for rehearing en banc. "It is hereby ordered that the petition is denied," the court said.

The denial follows the Second Circuit's July 13 decision affirming a preliminary injunction obtained by Cumulus in its dispute with Nielsen. The litigation stems from Nielsen's effort to terminate Cumulus's access to certain ratings services amid a contractual dispute between the companies.

Court records show Nielsen filed its petition for rehearing and rehearing en banc on July 27. The court denied the petition August 18 in Docket Entry 96.1.

The rehearing fight has been closely watched because of its implications for Cumulus's continued access to Nielsen ratings data. With rehearing now denied, attention turns to issuance of the Second Circuit's mandate and enforcement of the preliminary injunction.

Separately, Cumulus filed an emergency motion for clarification on August 13. Nielsen opposed that motion August 17, and Cumulus filed a reply on August 19. That issue remains separate from the August 18 order denying Nielsen's rehearing petition.

The Second Circuit's order does not provide further explanation for its decision. It is signed for the court by Clerk Catherine O'Hagan Wolfe.