XX Sports Radio


An arbitrator has determined that the radio station that fired Scott Kaplan from a sports talk show in February owes him and co-host Billy Ray Smith more than $490, 000 in damages for breach of contract.

The men co-hosted a popular morning show on XX Sports Radio 1090 for more than a decade, but Kaplan was fired after he made derogatory comments on air about a female broadcaster. Later, Smith’s contract also was terminated, their lawyer said.

Both now work for U-T San Diego as hosts of the “Scott, B.R. + Amber” show on U-T TV.

According to court documents, Kaplan and Smith had provisions in their radio contracts that outlined a process to be followed in the event of a dispute about the show’s content. Their lawyer said Monday the radio station failed to follow that process, which would have given Kaplan a chance to go back on air and apologize.

“They didn’t give him that opportunity, ” said attorney Dick Semerdjian.

Kaplan and Smith sued their former employer, and the matter went to arbitration. According to court documents, they contended that they were entitled to damages based on their respective salaries, commissions, endorsements and incentives as provided by their contracts, which were set to expire Dec. 31.

The arbitrator, retired San Diego Superior Court Judge Linda Quinn, made her decision in writing July 5, jointly awarding Kaplan and Smith $490, 368.

So far, Semerdjian said, the station has not paid the money. Instead, it has filed a motion asking Quinn to reconsider her decision.

Attorney Phillip Samouris, who represents XX Sports Radio, declined to elaborate on the status of the case, saying only that it is ongoing.

Kaplan and Smith said Monday that they were eager to put the matter behind them.

“I feel vindicated, ” Kaplan said. “They breached the contract. I knew that from the beginning.

“There was a lot of embarrassment that came with the termination. I spent 11 great years on the radio. I loved what I did and I loved who I worked for.”

Smith, a former Chargers linebacker, lamented the loss of the duo’s radio audience.

“It’s hard to put a dollar value on what we’d done and what we’ve built, ” he said, referring to Quinn’s decision. “I don’t know that I’ll ever feel good about it either way.”

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2005-12-21 08:47:43 by WarDawg

I listen to sports on the radio

All the time...I like the sports talk every once in awhile, but mostly college football games. I see that both SIRI and XM have been in competition to acquire different sports stations...SIRI has NASCAR and XM has regional sports...not sure how much money is being spend but you surely can find sports on both SIRI and XM

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