May 3, 2007 3:58 pm US/Eastern
Imus Attorney: We'll Sue CBS For Full Contract
NEW YORK (CBS/AP) ―
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Disgraced radio host Don Imus, fired for racist and sexist comments barely three months into a five-year, $40 million contract, plans a lawsuit against CBS Radio to collect the huge unpaid portion of his salary, his attorney said Thursday.
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Don McGuirk, the producer of Don Imus' syndicated radio show was also fired by WFAN-AM for his role in the now infamous "nappy headed hos" exchange.
Disgraced radio host Don Imus, fired for racist and sexist comments barely three months into a five-year, $40 million contract, plans a lawsuit against CBS Radio to collect the huge unpaid portion of his salary, his attorney said Thursday.
"We expect to file a complaint by the end of next week alleging breach of contract," said Martin Garbus, the noted First Amendment attorney whose past clients include comedian Lenny Bruce, the rap group Public Enemy and filmmaker Spike Lee.
But Garbus said the suit involved simple contract law rather than any First Amendment issues. He cited a clause in the 66-year-old Imus' contact with CBS where the company acknowledged the National Broadcasters Hall of Fame inductee's services were "unique, extraordinary, irreverent, intellectual, topical, controversial."
The clause said Imus's programming was "desired by company and ... consistent with company rules and policy," according to Garbus. The suit will be filed in state Supreme Court in Manhattan.
CBS Radio, in a statement issued Thursday, said it would vigorously contest Imus' claim.
"We terminated Mr. Imus for cause," said the statement. "Based on the comments in question and relevant contract terms, we believe that the termination was appropriate and CBS would expect to prevail in any attempt by Mr. Imus to recover money for his actions."
Garbus said he was "very optimistic" about Imus' chances, and said the veteran broadcaster was ready to go forward with his suit after keeping a very low public profile since his April 12 firing.
Imus was initially suspended and eventually dismissed after his denigrating comments about the Rutgers women's basketball team, the runners-up in the NCAA tournament. Although he apologized repeatedly, Imus was dumped as pointed criticism from black leaders and show advertisers escalated.
Imus described the 10-member team, which included eight black women, as "nappy-headed hos" on his nationally syndicated radio program. His producer, Bernard McGuirk, was also fired for making similar comments during the April 4 program that aired on more than 60 stations nationwide.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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