Monday, September 23, 2019

ESPN MUST PAY DISH $4.86 MILLION, BUT IT’S A HOLLOW LEGAL WIN

February 28, 2013 by · Leave a Comment 

A federal jury on Thursday ordered ESPN to pay satellite service DISH network $4.86 million for breaching a 2005 licensing agreement involving its Spanish-language channel, ESPN Deportes. But it was a hollow victory. DISH had sought $153 million in damages, claiming that ESPN had breached the “most favored nation” clause in their contract, which requires them to offer the lowest rate to DISH that ESPN offers to competitors. The jury rejected DISH’s claims on three of the four counts, and the award on the remaining count probably failed even to cover DISH’s legal costs. Each side issued a statement regarding the decision, and ESPN sounded as if it were the victor. “We are gratified that the jury rejected all but one of Dish’s claims and all but $4.8 million of the more than $153 million in damages they were seeking,” it said. DISH’s lawyer, Stanton Dodge, issued a statement saying only that the company will “remain vigilant in our efforts to ensure that programmers honor their contractual commitments.”