Judge Denies Cumulus Request Against Ex-Ticket Hosts

RADIO ONLINE | Thursday, August 10, 2023 | 4:39pm CT

KTCK/Dallas

After Cumulus filed suit against former on-air hosts Dan McDowell and Jake Kemp, who recently left KTCK-FM (The Ticket) in Dallas, over their new podcast venture, a federal judge in Dallas on Wednesday denied a request from the company keeping then from distributing the new podcast, reports WFAA-TV. However, Cumulus re-filed their request, calling for a temporary restraining order (TRO) against the duo.

Cumulus filed an emergency injunction against McDowell and Kemp, saying they've displayed "flagrant breaches of contract" and "misappropriation" of the company's intellectual property rights. The suit claimed McDowell and Kemp were prohibited from "activities the same or essentially the same" as hosting The Hangzone for a period of six months after they left the station.

But Judge Karen Gren Scholer in a ruling Wednesday denied Cumulus' emergency application for a temporary restraining order, saying nothing filed by Cumulus "makes any reference to serving notice of the application on defendants, much less 'certifies ... any efforts made to give notice and the reasons why it should not be required.'"

Cumulus officials in a statement to WFAA on Thursday morning said they were "very disappointed that the actions of Mr. McDowell and Mr. Kemp have necessitated litigation."

"Throughout their employment, we offered our unwavering support, engaged in good-faith negotiations for contract renewals, and reached a mutual agreement on salary matters while expressing our eagerness to collaborate on expanding their presence to new platforms," the statement said. "Despite our best efforts, we were unable to reach an agreement."