End of Road For Sportscaster Warner Wolf
For Immediate Release
New York, NY | December 27, 2019
Former sportscaster Warner Wolf (known to sports fans of a certain age for “Let’s go to the videotape!”) sued radio personality Don Imus and others in New York for age discrimination following his termination from the Imus in the Morning radio program in New York.
Brendan Marx and Marty Garbus successfully had the case against Imus dismissed in the trial court, based on a showing that Wolf had no standing to sue in New York because he made his contributions to the Imus in the Morning program by remote hook-up from a home studio in Florida, where he had moved months before his termination. Garbus and Marx persuaded the court that Wolf could not seek relief in New York based solely on his prior services in New York, or ageist comments allegedly made to Wolf in New York, or the continuing production of Imus in the Morning in New York, or the fact that Imus in the Morning was broadcast across the airwaves in New York. Among the ageist comments allegedly made by Imus about Wolf in New York was that it was time to put him out to pasture and shoot him with an elephant dart gun.
Wolf has now reached the end of the road in his litigation against Imus and other defendants, following the rejection of his appeal to the Appellate Division, First Department, and the denial of two motions for leave to appeal to the Court of Appeals, first by the Appellate Division and then, on December 19, 2019, by the Court of Appeals. There is no further appeal available.
Marx and Garbus said that the decision in Wolf v. Imus will be welcome news for media companies across New York, who have less to fear from out-of-state and foreign broadcasters, reporters and guests seeking to take advantage of provisions of New York law meant only for the benefit of real New Yorkers.
ABOUT BRENDAN MARX
Mr. Marx represents high-net-worth individuals, business and organizations in a wide range of fields, including manufacturing, retail sales, financial services, entertainment, legal services, and other industries. He also represents numerous cooperative corporations and condominium associations, charities, and other non-profit organizations.
ABOUT MARTIN GARBUS
Martin Garbus has a diverse practice that consists of individuals and companies involved in politics, media, entertainment, and the arts. His courtroom skills have earned him a distinguished reputation as a trial lawyer.
Mr. Garbus is experienced in every aspect of litigation and trial, from jury selection to cross-examination to summation. He has argued cases throughout the country involving constitutional, criminal, copyright, and intellectual property law. He has appeared before the United States Supreme Court, as well as trial and appellate courts throughout the United States. He has argued and written briefs that have been submitted to the United States Supreme Court; a number of which have resulted in changes in the law on a nationwide basis, including one described by Justice William Brennan as "probably the most important due process case in the Twentieth Century."
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