How to Sue for Broadcast Contract Violation

A broadcasting contract grants the right to broadcast an event or show. Television and radio stations often sign broadcasting contracts to broadcast high school or college sporting events. If you sign a contract with a broadcaster, you should make sure that the broadcaster abides by the terms of the agreement. If the broadcaster violates the contract, you can sue. Meet with an attorney to discuss how to build your strongest case.

Part 1

Part 1 of 4:

Building Your Lawsuit

1
Find your contract. Before you can sue for a broadcast contract violation, you need to read the contract. You should go through your papers and filing cabinets to find your copy of the contract.
- If you don’t have a copy, then contact someone who might. For example, your lawyer might have kept a copy.
- If all else fails, you can contact the broadcaster and ask for a copy.
2
Look for violations. Read the contract closely. It will explain the broadcaster’s obligations. You can only sue for a contract violation if the contract prohibits the action the broadcaster took. For example, the broadcaster might have:^{[1]XResearch source}^{[2]XResearch source}
- not paid you the right percentage of advertising revenue
- fed the broadcast to another station without permission
- ran advertisements prohibited by the contract, such as political advertisements or ads for alcohol or gambling
- not have used professional announcers or broadcasters
3
Meet with a lawyer. To fully understand your rights under the contract, you should meet with an attorney. The attorney can answer any questions that you have and also describe what you can sue the broadcaster for.
- To find a qualified attorney, you can contact your state or local bar association and ask for a referral.^{[3]XResearch source}
- You can call the lawyer and schedule a half hour consultation. At the consultation, you can talk about your case.
- You can meet for a consultation without hiring the lawyer. However, you should seriously consider hiring an attorney. The broadcaster will have a lawyer, and you will be at a disadvantage if you don’t.
4
Gather evidence of the violation. Your lawyer will help you understand what you need to gather as helpful evidence. You can’t sue unless you have evidence of the contract violation. Depending on the facts of the violation, the following information could be helpful:
- A recording of the broadcast. If the broadcaster did something they agreed not to do, then you can play a copy of the broadcast and show that they violated the contract.
- Witness testimony (if a recording is not available). You might not have a copy. In this situation, you could have witnesses testify as to what they heard or saw on the broadcast.
- Communications with the broadcaster, such as emails or letters. The broadcaster might have refused to pay you and told you why. You should save any communications that you had with the defendant and show them to your attorney.
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Part 2

Part 2 of 4:

Drafting a Breach of Contract Notice

1
Find your contract’s termination clause. Your contract should have a section explaining how you can terminate the agreement. Generally, you will need to notify the broadcaster in writing of a violation and give the broadcaster a chance to “cure” the problem.
- The contract will probably require that you send a “notice of breach.” Check whether your contract requires this notice. Also check how much time the broadcaster has to fix the problem after receiving the notice.
2
Set up your breach of contract notice. You need to give the broadcaster notice that it has violated the contract. To do so, you should draft a “breach of contract notice.” The notice will identify the contract provision the broadcaster has violated and explain what you want the broadcaster to do in return. You can type up a draft of the letter to show to your attorney.
- To begin, you should open a word processing document and set the font to a legible size and style.
- You can organize the letter like a business letter.
- Don’t forget to include the date. The letter is how you will put the broadcaster on notice that it has breached the contract.^{[4]XResearch source} The date on your letter will serve as the date the broadcaster received notice.
3
Identify how the broadcaster breached the contract. Be as specific as possible. You can quote the contract provision the broadcaster violated. Broadcasters can violate a contract in three general ways:^{[5]XResearch source}
- By refusing to perform. If the broadcaster was supposed to pay you money after broadcasting an event, it has breached the contract if it refuses to pay.
- By telling you it won’t perform. The broadcaster might have told you ahead of time that it will not perform its obligations under the agreement. You can treat this statement as a breach of the contract.
- By making your own performance impossible. For example, the broadcaster might have agreed to lend you equipment to videotape your show. If the broadcaster does not provide the equipment, then it has breached the contract.
4
State what you want the broadcaster to do. In the letter, be sure to tell the broadcaster what you want it to do in order to resolve the breach. In this way, you might be able to resolve the dispute without going to court. However, if you don’t give the broadcaster any idea of how to fix the violation, then a lawsuit is unavoidable.
- For example, if you want payment, then state: “You have 30 days to make payment by certified check. If you are late, then we will bring a legal proceeding.”
- Check your contract for how much time you need to give the broadcaster to cure its violation. Be sure to provide at least as much time as the contract requires.^{[6]XResearch source}
- You can also talk with your lawyer about terminating the contract without allowing the broadcaster to cure. For example, if the broadcaster has committed multiple breaches, then you may want to try and terminate the contract immediately.
- However, if you don’t give the broadcaster a chance to cure, you are inviting a lawsuit in response.
5
Mail the notice to the broadcaster. Your contract should tell you how to deliver your notice of breach to the broadcaster. For example, the broadcaster might want the letter mailed to a specific address or faxed.
- Always follow the method provided in the contract. The broadcaster could argue that you provided insufficient notice if you fail to.^{[7]XResearch source}
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Part 3

Part 3 of 4:

Filing a Lawsuit against the Broadcaster

1
Draft a complaint. You start a lawsuit by filing a “complaint” with the court. This legal document identifies you and the defendant and explains the facts that led to the lawsuit. In your complaint, you should also state how much you are suing for.^{[8]XTrustworthy SourceNational Paralegal College Law ShelfOnline education resource from the National Paralegal CollegeGo to source}
- The complaint will provide information about you and the broadcaster: your names, addresses, and phone numbers.
- The complaint will also explain how the broadcaster violated the contract. Tell the judge the contract provision and how the broadcaster did not satisfy its obligations. You will also state how much money you want the judge to give you.
- You probably also need to include a copy of the contract with your complaint. Make sure the copy does not have your handwritten notes on it.
- Your lawyer should draft the complaint. It is a legal document, and you would benefit from having an experienced attorney draft it and all other court documents.
2
File the complaint. You lawyer will file the complaint with the court. You will probably be responsible for paying the filing fees, which your lawyer will charge to you when you receive your monthly bill.
- Ask your lawyer for a copy of all documents filed with the court in your case.
3
Give the defendant notice. You have to send the broadcaster notice of the lawsuit so that it may respond. Typically, you must have someone hand-deliver a copy of the complaint and a “summons,” which is a legal document describing the deadline for responding to the lawsuit.^{[9]XTrustworthy SourceNational Paralegal College Law ShelfOnline education resource from the National Paralegal CollegeGo to source}
- Your court’s rules will determine what methods of service are acceptable. Ask the court clerk.
- Generally, you can serve notice by paying the sheriff or a private process server to hand deliver the notice to the defendant. You can find process servers in your phone book or on the Internet.
- You can often have someone 18 or older who is not part of the lawsuit make service as well.
- In some courts, you can also serve notice using first-class mail, return receipt requested.
4
Read the defendant’s answer. After you file your lawsuit, the broadcaster is able to respond. Typically, it will respond by filing an “answer.”^{[10]XTrustworthy SourceNational Paralegal College Law ShelfOnline education resource from the National Paralegal CollegeGo to source} In this document, the broadcaster will admit or deny each allegation you made in your complaint.
- The broadcaster can also counter-sue you. For example, the broadcaster might claim that you broke the contract first by cancelling a game or breaking some other provision in the contract.
5
Sit for a deposition. After the broadcaster files the answer, the lawsuit enters a fact-finding stage. This stage is called “discovery.” In discovery, each side can request documents from each other and ask the other side questions.^{[11]XResearch source} You might have to answer questions face-to-face in a deposition.
- The deposition will take place at an attorney’s office. You will answer questions under oath, and a court reporter is usually present to record the questions and answers.^{[12]XResearch source}
- You might be deposed depending on the circumstances. For example, you might not have delivered a program to the broadcaster. The broadcaster will want to know who made the decision not to deliver the program and why.
- If the broadcaster thinks you might have relevant information, you can be asked to sit for a deposition.
6
Depose defense witnesses. Your lawyer can also ask the defendants questions as well. The purpose of the deposition will be to uncover helpful information. You can also preserve the witness testimony and introduce it at trial if the witness cannot testify.^{[13]XResearch source}
- For example, the broadcaster might have run political commercials while broadcasting your game. This could have violated the contract. Your attorney will want to find out who made the decision to run the commercials and whether anyone suggested that the contract prohibited those commercials.
- Your lawyer also might want to find out who decided to feed the game to another broadcaster in violation of the contract and how much the broadcaster was paid.
- Your lawyer can ask a manager at the broadcast station these questions. The answers will help flesh out your lawsuit as you prepare for trial.
7
Argue a motion for summary judgment. After discovery ends, each side can file a motion for summary judgment. In the motion, each side’s attorney will argue that there are no issues of material fact in dispute and that you are entitled to win as a matter of law.^{[14]XResearch source}
- In contract disputes, it is fairly common for each side to file a summary judgment motion.
- Your lawyer will have to draft the legal argument and then present the argument to the judge. If you win, there won’t be a trial, although the broadcaster can appeal. Similarly, if the broadcaster wins its summary judgment motion, then you lose without getting a trial.
- Often, a judge will deny both motions. But, depending on your factual situation, they can be worth bringing.
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Part 4

Part 4 of 4:

Negotiating a Settlement

1
Discuss the benefits of negotiation with your lawyer. You might want to try and settle the dispute outside of court. There are many advantages to negotiating a settlement. You should weigh each before deciding to continue with the lawsuit.
- Negotiation is often faster. You can resolve the dispute much more quickly than you could with a trial.
- Negotiation also allows you to continue working with the other party. You might want to use the broadcaster in the future. If so, you don’t want to burn any bridges, which a lawsuit might do.
- Negotiation is typically less expensive.^{[15]XResearch source} Your lawyer will have to do a lot of work to prepare for trial. You can save on lawyer’s fees if you settle.
2
Consider the negatives of negotiation. Settlement also has some negatives. For example, you will have to give something up to get something in return. Negotiation is all about trying to meet the opposition at a halfway point that you can both live with.
- If you insist on winning, then negotiation might not be right for you.
3
Propose negotiation. You can engage in negotiations at any time. Often, you can propose negotiation before filing your lawsuit, but you might want to wait until after you file in order to show the other side that you are serious.
- Your lawyer should reach out to the broadcaster’s lawyer and propose negotiation.
4
Strategize with your attorney. Before attending negotiation talks, you should discuss your strategy with your lawyer. You want to understand the strength of your case, but you also need to think about:
- What alternatives you have to a settlement. If settlement talks fail, you should consider your alternatives. Will you continue your lawsuit? Form a contract with another broadcaster? Only if you understand your next best option can you decide how aggressive to be in negotiations.
- Your “walk away” point. This is your bottom line: the absolute minimum you are willing to settle for.^{[16]XResearch source} For example, if you are suing the broadcaster for $30,000, then your absolute minimum might be $15,000. If the broadcaster cannot meet your minimum, then you will walk away from negotiations.
5
Meet to negotiate. You will probably meet in a lawyer’s office. You should be dressed professionally (preferably in a suit). Let your lawyer handle the negotiations; however, you should always interject your input.
- As the client, you decide whether to accept the settlement. Your lawyer is ethically prohibited from rejecting or accepting settlements without talking to you.
- Try not to cave too quickly. Refuse to accept the first offer.^{[17]XResearch source} People come to negotiations expecting to negotiate. Make a counter-offer and try to get the best deal that you can.
6
Draft a settlement agreement. If negotiation is successful, then your lawyers should draft a settlement agreement. The settlement agreement will explain what each side will do.
- For example, the broadcaster might agree to pay you money as damages. In return, you will allow them to continue operating under the current contract.
- You can also agree to end the contract. Both sides would need to sign a “mutual rescission agreement.”^{[18]XResearch source} You should also sign a “waiver and release.” This waiver is an agreement that neither side will sue the other for any dispute involving the broadcast contract.
- Make sure that each side has a representative sign the settlement agreement. You also will want to have it notarized.
7
Go to trial. Negotiations might fail. If so, you can continue with your lawsuit. You should talk with your lawyer about what to expect at trial and what your role will be. You should remain actively engaged in your case, asking your lawyer questions and providing your opinion.
- The trial will generally consist of jury selection, witness testimony, and opening and closing statements. Your lawyer will prepare a list of exhibits and witnesses to call.
- You may have to testify. In order to prepare, ask your lawyer to do a trial run. Your lawyer will pretend to be the defense lawyer and ask you questions to get you comfortable with cross-examination.
- If you want, you can sit in on a trial before your trial date. Courthouses are open to the public, and you can find a contracts lawsuit to observe.
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