Another Legal Setback for Howie Carr

A. Joseph Ross
Tue Oct 30 02:06:34 EDT 2007

On 29 Oct 2007 at 17:52, Bob Nelson wrote:

> The Herald reports yet another legal setback for Howie Carr, as a
> state appeals court judge has forbade him from doing WTKK's morning
> show during his legal fight. The judge also said no to Howie's request
> to have his case heard before the full Appeals Court.

What this is about is (1) an order preserving the status quo while 
the litigation proceeds; and (2) denial of an "interlocutory" appeal.

It's common to issue an order to preserve the status quo in a 
circumstance like this until the rights of the parties are 
determined.  The case hasn't actually gone to trial in the Superior 
Court and won't for some time.  All this skirmishing has been over 
temporary orders.  To disturb the status quo, Howie Carr must 
convince a judge that he has a reasonable probability of succeeding 
on the merits and will suffer irreparable harm if an order in his 
favor isn't issued.  The irreparable harm more likely would be 
suffered by WRKO if Carr is allowed to move to WTKK.

The usual rule on appeals is that you wait until the case is finally 
over in the trial court before you can appeal.  The appellate courts 
don't like to have a case appealed bit-by-bit.  An appeal before the 
case is over is an "interlocutory appeal."  It's sometimes possible 
under special circumstances, but it's not the norm.

A. Joseph Ross, J.D.                           617.367.0468
 92 State Street, Suite 700                   Fax 617.507.7856
Boston, MA 02109-2004           

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