Cumulus Settles with ''Hang Zone'' Hosts over Non-Compete
| RADIO ONLINE | Wednesday, September 27, 2023 | 3:50pm CT |
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 Dam McDowell and Jake Kemp |
Former Sports KTCK-AM & FM (The Ticket)/Dallas midday hosts Dam McDowell and Jake Kemp ("Hang Zone") have settled a lawsuit with Cumulus Media. Following their departure in July, the duo launched a Patreon-based podcast "The Dumb Zone" after they failed to reach a deal with management on new contracts. Cumulus then filed suit against them duo on August 4.
The company alleged that McDowell & Kemp's podcast violated the terms of their noncompete agreements, taking over digital assets previously belonging to the station's "Hang Zone" brand for their show and repurposing them. The action also claimed the show focused on identical subject matter attracting the same audience as the The Ticket.
Last Friday, U.S. District Judge Karen Gren Scholer denied a request from Cumulus to issue a temporary restraining order against the duo to stop them from producing podcasts until after a trial, as Cumulus "failed to 'clearly carry the burden of persuasion.'"
The settlement follows a story published by the Washington Post, noting that the potential trial could serve as major test of the National Labor Relations Board's guidance issued in May. That guidance deemed "that the proffer, maintenance and enforcement non-compete provisions in employment contracts and severance agreements violate the National Labor Relations Act except in limited circumstances." Terms of the settlement were not released.
McDowell had been in the midday slot at KTCK since 1999, first as co-host of "BaD Radio" with Bob Sturm until 2020 and since then with Kemp. Kemp joined the station in 2009 as a producer and then rose to co-host when Sturm moved to afternoons in February 2020. Kemp has also hosted Dallas Cowboys pregame and Dallas Mavericks postgame shows for the station.
McDowell was the longtime co-host of the previous midday show "BaD Radio" with Bob Sturm, joined KTCK in 1999. Kemp was hired in 2006 producer for as "BaD Radio." He then replaced Sturm when the he moved to late afternoons in 2020.
