Sunday, May 26, 2024

Exclusive: Famed Sportscaster Warner Wolf Loses Appeal in Age Discrimination Case Against Radio Host Don Imus


Famed sportscaster Warner Wolf has lost his appeal of age discrimination against Don Imus in the Appelate Division of  New York. Wolf will not want to “go to the video tape” once he get this ruling.

Last year Wolf sued Imus after the radio host refused to give him a new contract after Wold moved to Florida. Imus also made nasty comments about Wolf on the air. Imus lives in Texas, where his radio show may still be coming from. (No, it’s not. Imus went off the air a year ago.)

The decision:

Supreme Court properly dismissed plaintiff’s age discrimination claims brought under the City and State Human Rights Laws, because the impact on plaintiff from the termination of his employment occurred in Florida, where he lived and worked (see e.g. Hoffman v Parade Publs., 15 NY3d 285, 290-292 [2010]; Shah v Wilco Sys., Inc., 27 AD3d 169, 175-176 [1st Dept 2005], lv dismissed in part and denied in part 7 NY3d 859 [2006]). “Whether New York courts have subject matter jurisdiction over a nonresident plaintiff’s claims under the HRLs turns primarily on her [or his] physical location at the time of the alleged discriminatory acts” (Benham v eCommission Solutions, LLC, 119 AD3d 605, 606 [1st Dept 2014]).

Plaintiff’s claim for tortious interference with contractual relations, also arising from the termination of his employment, was not viable because the documentary evidence demonstrates that his employer did not breach his employment contract, but declined to exercise its contractual right to renew the contract for an additional year (see American Preferred Prescription v Health Mgt., 252 AD2d 414, 417 [1st Dept 1998]; see also Willis Re Inc. v Hudson, 29 AD3d 489, 490 [1st Dept 2006]).

Here’s the original story from last year.

Too bad, Warner Wolf is a great guy. Imus is irascible and incorrigible.


Roger Friedman
Roger Friedman
Roger Friedman began his Showbiz411 column in April 2009 after 10 years with Fox News, where he created the Fox411 column. His movie reviews are carried by Rotten Tomatoes, and he is a member of both the movie and TV branches of the Critics Choice Awards. His articles have appeared in dozens of publications over the years including New York Magazine, where he wrote the Intelligencer column in the mid 90s and covered the OJ Simpson trial, and Fox News (when it wasn't so crazy) where he covered Michael Jackson. He is also the writer and co-producer of "Only the Strong Survive," a selection of the Cannes, Sundance, and Telluride Film festivals, directed by DA Pennebaker and Chris Hegedus.

Read more

In Other News