# Trump threatens to sue Univision and NBC: Case can haz legs? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 1, 2015, 5:15am UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940 "2015-07-01T05:15:33Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 2:43pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/21 "2015-07-01T14:43:07Z")
> [@Bridget\_Burke](#): > > So sue him. (This is IMHO.) So sue me. (This is IMHO). ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 3:00pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/22 "2015-07-01T15:00:52Z")
> [@Dewey\_Finn](#): > > Absent a look at the contract or the lawsuit, all we can do is speculate. According to the lawsuit, which I read before commenting on it, the contract’s Section 5(b) contains the acceptable reasons for termination of the contract. 5(b)(i) allows termination by either party in case of bankruptcy; 5(b)(ii) gives Trump the right to cancel if Univision doesn’t pay the license fee or “breaches or fails to timely cure any material obligation,” and 5(b)(iii) gives Univision the right to cancel if Trump grants these same broadcast rights to someone else or “breaches or fails to timely cure any material obligation.” So I don’t agree that all we can do is speculate. I think we can read the complaint and discuss its apparent legal merits. Of course, the complaint is one party’s advocacy for their claim, but it would be highly unusual for the complaint to falsely represent written contract elements. On the other hand, the complaint alleges that a “high-ranking Univision executive” called Trump and although “clearly nervous and unable to get the words out” said that despite recognizing their clear and unambiguous obligation, Univision was cancelling the show and planned to simply pay Trump the $13.5 million license fee. I think allegations like that should be regarded with a large grain of salt, as self-serving assertions that are not subject to rigorous proof. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 3:03pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/23 "2015-07-01T15:03:44Z")
> [@Try2B\_Comprehensive](#): > > 1st amendment, baby! But I’m sure if I follow the thread long enough, the legal nitty-gritty (or even jiggery pokery!) will come out. Maybe you will even lay it out for me, who knows? The First Amendment does not operate to prevent me from opining on what you shouldn’t be allowed to say. Just as it doesn’t operate to prevent you from opining that networks should be allowed to disregard contracts if they feel the party to them is using “race war” language. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [July 1, 2015, 3:08pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/24 "2015-07-01T15:08:10Z")
> [@Cheesesteak](#): > > IMStinkyO, it’s going to depend on the contract. It is not inconceivable that there’s a performance clause that allows parties to exit the contract if Miss USA Management shits the bed, and turns the Miss USA Pageant into a toxic, worthless, property. I agree with that stinky opinion. I have only seen snippets of the pageant. As far as I know Trump didn’t have any on air link to the show. A performance or morals clause in a contract would be less likely to cover something said in the private life of a producer than with on air talent. If there was a current contract for The Apprentice I could see them getting out of it easily due to off show comments. I think it is much less likely for there to be a clause covering off air management and their comments. Of course that’s just a stinky opinion and speculation without looking at the contract. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [July 1, 2015, 3:12pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/25 "2015-07-01T15:12:27Z")
> [@Bricker](#): > > According to the lawsuit, which I read before commenting on it, the contract’s Section 5(b) contains the acceptable reasons for termination of the contract. 5(b)(i) allows termination by either party in case of bankruptcy; 5(b)(ii) gives Trump the right to cancel if Univision doesn’t pay the license fee or “breaches or fails to timely cure any material obligation,” and 5(b)(iii) gives Univision the right to cancel if Trump grants these same broadcast rights to someone else or “breaches or fails to timely cure any material obligation.” > > So I don’t agree that all we can do is speculate. I think we can read the complaint and discuss its apparent legal merits. Of course, the complaint is one party’s advocacy for their claim, but it would be highly unusual for the complaint to falsely represent written contract elements. Got a link to the text of the lawsuit? And is it possible that Trump’s claim is omitting that portion of the contract that contains clauses as to moral behavior, defamation and so forth? IOW, the parts that might be relevant to the justification Univision has for terminating the contract. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [July 1, 2015, 3:23pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/26 "2015-07-01T15:23:01Z")
> [@Dewey\_Finn](#): > > Got a link to the text of the lawsuit? And is it possible that Trump’s claim is omitting that portion of the contract that contains clauses as to moral behavior, defamation and so forth? IOW, the parts that might be relevant to the justification Univision has for terminating the contract. I haven’t seen anything that says specifically that the lawsuit has been filed. Trump stated that papers had been filed but coming this quickly I have a feeling a notice of tort claim was filed not the actual lawsuit. I would think that the contracts would be sufficiently complex to make it difficult to put together a lawsuit in a day. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [July 1, 2015, 3:27pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/27 "2015-07-01T15:27:19Z")
Univision is a giant corporation and Trump’s litigiousness is well-known, so, purely on speculation, I’m willing to bet that they didn’t make this decision without finding a way to break the contract. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [July 1, 2015, 3:29pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/28 "2015-07-01T15:29:43Z")
> [@Bricker](#): > > “breaches or fails to timely cure any material obligation.” > > So I don’t agree that all we can do is speculate. Assuming the suit fully identified the accepable reasons for termination, the question would then be around ‘material obligations’. Does Trump have an ‘obligation’ to avoid destroying the value of the contract by calling Univision’s viewers drug dealers and rapists? ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 3:30pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/29 "2015-07-01T15:30:48Z")
> [@Dewey\_Finn](#): > > Got a link to the text of the lawsuit? And is it possible that Trump’s claim is omitting that portion of the contract that contains clauses as to moral behavior, defamation and so forth? IOW, the parts that might be relevant to the justification Univision has for terminating the contract. It’s possible, but very unlikely. Few things would poison a litigant’s credibility position quicker than making a sweeping claim like this and having the defendant be able to file an answer that says, “The plaintiff doesn’t mention 5(b)(vi) which allows termination in case of immoral behavior on the part of MUO.” My source isn’t publicly reachable, but I bet someone has posted it by now. Let me look for a public link. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 3:32pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/30 "2015-07-01T15:32:54Z")
> [@Cheesesteak](#): > > Assuming the suit fully identified the accepable reasons for termination, the question would then be around ‘material obligations’. Does Trump have an ‘obligation’ to avoid destroying the value of the contract by calling Univision’s viewers drug dealers and rapists? That’s a good question. I don’t know – I suppose Univision would have to show that this destroyed the value of the contract. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 3:34pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/31 "2015-07-01T15:34:06Z")
> [@Dewey\_Finn](#): > > Univision is a giant corporation and Trump’s litigiousness is well-known, so, purely on speculation, I’m willing to bet that they didn’t make this decision without finding a way to break the contract. According to the complaint, Univision agreed to pay Trump the license fee it would have paid anyway. Trump is suing because he contends he suffered damages beyond that license fee. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 3:35pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/32 "2015-07-01T15:35:15Z")
> [@Loach](#): > > I haven’t seen anything that says specifically that the lawsuit has been filed. Trump stated that papers had been filed but coming this quickly I have a feeling a notice of tort claim was filed not the actual lawsuit. I would think that the contracts would be sufficiently complex to make it difficult to put together a lawsuit in a day. It was filed yesterday. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [July 1, 2015, 3:35pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/33 "2015-07-01T15:35:27Z")
> [@Cheesesteak](#): > > Assuming the suit fully identified the accepable reasons for termination, the question would then be around ‘material obligations’. Does Trump have an ‘obligation’ to avoid destroying the value of the contract by calling Univision’s viewers drug dealers and rapists? IANAL, but one might argue that in making such statements, Trump ensured that a percentage of Univision’s audience will boycott or otherwise refuse to watch the pageant, thereby reducing the revenue potential for Univision. Univision could call some viewers to the stand to say that they were planning to watch it, but changed their minds, based on his statements. ---
**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\ **Post date:** [July 1, 2015, 3:38pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/34 "2015-07-01T15:38:14Z")
Assume the worst: Unless the case is summarily dismissed (by citing an exit clause, for example) it probably haz legs. So, case goes to trial, Trump gets damages more or less equivalent to his expected revenues under the contracts. I wonder what his future is with respect to ever getting a TV presence under contract ever again? He’s gnawing away on the hands that feed him. I think he’s just fucked himself whether or not he drops the case or settles before trial. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [July 1, 2015, 3:40pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/35 "2015-07-01T15:40:36Z")
> [@Bricker](#): > > It was filed yesterday. The full lawsuit with all claims and documents or a notice of tort claim? ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 3:52pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/36 "2015-07-01T15:52:08Z")
> [@Loach](#): > > The full lawsuit with all claims and documents or a notice of tort claim? Not my area of law, but it’s 19 pages of specific allegations and to my eyes looks like a full recitation of claims. But I am not a civil lawyer, and not a New York lawyer either. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 1, 2015, 3:53pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/37 "2015-07-01T15:53:48Z")
> [@Dewey\_Finn](#): > > IANAL, but one might argue that in making such statements, Trump ensured that a percentage of Univision’s audience will boycott or otherwise refuse to watch the pageant, thereby reducing the revenue potential for Univision. Univision could call some viewers to the stand to say that they were planning to watch it, but changed their minds, based on his statements. Sure – but those are questions of fact for a trial court. If the case gets to trial, surviving 10(b)(6) and Rule 56 motions, I think it’s fair to say it has “legs.” Don’t you? ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [July 1, 2015, 4:19pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/38 "2015-07-01T16:19:58Z")
If only there had been some way for the executives at NBC and Univision to foresee Trump saying something stupid and hateful, they could have avoided this whole thing in the first place by not doing business with him… ---
**Author:** ![Sam\_Lowry](https://avatars.discourse-cdn.com/v4/letter/s/e95f7d/32.png) [@Sam\_Lowry](https://boards.straightdope.com/u/Sam_Lowry)\ **Post date:** [July 1, 2015, 4:40pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/39 "2015-07-01T16:40:33Z")
The lawsuit is [here](http://www.scribd.com/doc/270123186/Univision-Complaint) if anyone wants to look at it. [Also, at a Univision spokesperson told Politico what they thought of the lawsuit](http://www.politico.com//blogs/media/2015/06/donald-trump-sues-univision-for-million-209766.html): > [@](#): > > “We just reviewed Mr. Trump’s complaint for the first time, and it is both factually false and legally ridiculous. We will not only vigorously defend the case, but will continue to fight against Mr. Trump’s ongoing efforts to run away from the derogatory comments he made on June 16th about Mexican immigrants. Our decision to end our business relationship with Mr. Trump was influenced solely by our responsibility to speak up for the community we serve.” They don’t sound particularly worried. ---
**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\ **Post date:** [July 1, 2015, 4:45pm UTC](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940/40 "2015-07-01T16:45:34Z")
In discussing lawsuits, lawyers and corporate PR officials _ **never** _ sound worried. [Previous page](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940.md?page=1) [Next page](https://boards.straightdope.com/t/trump-threatens-to-sue-univision-and-nbc-case-can-haz-legs/723940.md?page=3)