Offit Kurman Secures Win for Don Imus Against Wrongful Termination Claim

For Immediate Release

New York, NY | September 27, 2018 The Supreme Court of New York today dismissed a wrongful termination lawsuit brought by sportscaster Warner Wolf against radio personality Don Imus. Offit Kurman attorney Brendan Marx and special counsel Martin Garbus represented Mr. Imus throughout the proceedings.

Mr. Imus is the former host of “Imus in the Morning.” The nationally acclaimed talk show, which aired on WABC and was syndicated by Cumulus Media Networks, concluded in March of this year. Mr. Wolf is a sports news broadcaster and anchor (perhaps best known for his catchphrase “Let's go to the videotape"). The two men worked together for nearly 20 years.

In 2015, Mr. Wolf relocated to Naples, Florida, and started broadcasting from home, rather than WABC’s studios in New York City. To facilitate this working arrangement, he subsequently agreed to a reduction in salary from $197,500 to $80,000. In November 2016, before the agreement was finalized, Mr. Imus terminated Mr. Wolf. Sidney Rosenberg took Mr. Wolf’s place on the program.

The dispute began following Mr. Wolf’s termination. In a lawsuit filed on February 15, 2018, Mr. Wolf, 80, accused Mr. Imus, 78, of age discrimination under New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). The complaint alleged that Mr. Imus’ basis for firing Mr. Wolf was “blatantly pretextual” given prior offhand remarks from the Defendant about the Plaintiff’s age, as well as the fact that Mr. Rosenberg is 29 years younger than his predecessor. The complaint further alleged breach of contract, with the Plaintiff seeking 26 weeks of severance pay (amounting to $97,500) in addition to compensatory damages for “severe mental anguish and emotional distress.” WABC General Manager Chad Lopez, Cumulus Senior VP Mike McVay, and WABC Program Director Craig Schwalb were also named as Defendants.

The Court found no merit in any of the Plaintiff’s arguments. In reviewing the case, the Court determined that Mr. Wolf “lack[ed] any viable claim under either the NYSHRL or the NYCHRL since the impact of any alleged discrimination would have been in Florida.” Second, the Plaintiff had not “alleged any potentially meritorious factual basis for any of his causes of action, and instead relie[d] on a series of blanket conclusory assertions and assumptions,” with the only specific references to alleged discrimination found in “stray comments made by Imus, a member of the same protected class as Wolf.” The Court also dismissed the breach of contract claim on the basis that the contract had expired. Finally, it was determined that New York had no jurisdiction over Mr. Imus, who has resided in Texas since 2015.