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(Rec. La. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. On September 24, 2007, WLAJ was re-branded as "ABC 3" since most Lansing-area cable providers carry it on channel 3. 2d at 124. Easily watch your favorite shows On Demand and record multiple shows at once. A termination differs from a rescission in that, "[o]n 'termination' all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives." The court was obviously concerned only with the result—that the executor could not offset bequests made to the two mortgagors—which could be achieved without the need to resolve the more technical question before this Court today. With the benefit of adequate inquiry into the terms of the Sinclair Agreement, Defendant could have availed itself to several options before it purchased WLAJ. In re Cairns' Est., 33 Misc.2d at 624. The nonmoving party can then defeat the motion by either countering with sufficient evidence of its own, or "showing that the moving party's evidence is so sheer that it may not persuade the reasonable fact-finder to return a verdict in favor of the moving party." ");Fox Broadcasting Company, Inc., et. Jan. 25, 2011) (court granted frequent motions to seal information that arose from DISH's confidential retransmission consent agreement; during an interlocutory appeal, the Eighth Circuit maintained this same information under seal). 1:16-CV-502, United States District Court for the Western District of Michigan, Southern Division (the "Michigan Action"). DISH Network, LLC ("DISH") has filed a Certificate of Non-Opposition [Doc. In other words, regardless of this Court's finding that Defendant agreed to assume the entire Sinclair Agreement, Defendant argues that the MFN provision simply cannot be applied as written now that WLAJ has been sold to a single-station operator. A claim is facially plausible when the plaintiff pleads facts that allow the court to "draw the reasonable inference that the defendant is liable for the misconduct alleged." See id. However, due to prior offenses, she was not allowed to have any alcohol in her system. As a result, WWMT began producing a five-minute news and weather brief seen weeknights at 11 p.m. (which was taped earlier in the evening) featuring rotating WWMT personalities. On August 31, 2012, DISH executed a re-transmission consent agreement (the "Sinclair Agreement") with the Sinclair Broadcast Group for re-transmission of content produced by 82 of Sinclair's TV stations. 2d 997, 999 (N.Y. App. Prior to its sign-on in 1990, Lansing had been one of the biggest markets in the United States without a full-time ABC affiliate, even though it had been large enough to support three full network affiliates since at least the 1960s. With DISH you won’t have to choose between major network programming and local Lansing coverage. He answered all of my questions and explained everything i need to know. She previously had a week-long absence due to family problems. 27-7 at 19). [6], In August 2013, WLAJ returned to branding itself as "ABC 53" using the updated ABC logo. Div. In response, DISH cited several cases wherein such agreements - or the information contained therein - were allowed to be filed under seal [Doc. Per its terms, DISH agreed to pay Sinclair a fee for each of the stations that it would rebroadcast. and/or its affiliate(s). . 44). In section 22 of the Sinclair Agreement, Sinclair promised that if it granted a re-transmission fee more favorable to certain re-transmitter-competitors of DISH, by more than half a cent per subscriber than that paid by DISH, Sinclair would offer DISH the benefit of the more favorable fee. Despite the new format and the critical acclaim, WLAJ was still unable to make significant headway in the ratings. 1993) (defining "null and void" as "having no force, binding power, or validity"). Buy a package now and enjoy the best coverage. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Following the Court's decision to seal certain portions of DISH's Complaint, defendant informed this Court that DISH had previously filed and dismissed an action concerning the same subject matter in DISH Network , LLC v . After Freedom bought the station in 1999, a management change occurred and sales manager Mike King (from sister station WWMT) was brought in as the new general manager at WLAJ. Get a preview of the final Presidential debate between Donald Trump and Joe Biden taking place at Belmont University in Nashville, Tennessee. "Under New York law, there are four elements to a breach of contract claim: '(1) the existence of an agreement, (2) adequate performance of the contract by the plaintiff, (3) breach of contract by the defendant, and (4) damages.'" Defendant could have negotiated a better price from Sinclair for the station to compensate for the anticipated breach or refused to adopt the entirety of the Sinclair agreement. New weeknight 6 p.m. and 11 p.m. broadcasts were branded as ABC 53 News Now and featured anchor Joe Parker, sports with Shaun Broyls, and weather outsourced to the National Weather Network (now known as WeatherVision) of Jackson, Mississippi. Van Waeyenberghe, 990 F.2d at 848, citing Federal Savings & Loan Ins. Nov. 20, 2001) (sealing transcripts of testimony at hearing to protect plaintiff's confidential information); Nixon, 435 U.S. at 598.

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