Premiere Radio Networks, Inc. v. Sandblast, L.P.
2019 Ohio 4015
Ohio Ct. App.2019Background
- Premiere licensed exclusive Columbus-market rights to the "Steve Harvey Morning Show" to Sandblast L.P. by a written Radio Program License Agreement effective Jan. 1, 2015–Dec. 31, 2017, with specified license fees and bonuses.
- Premiere sued Nov. 7, 2017, seeking $96,492 plus interest, fees, and costs for breach of contract (alternatively unjust enrichment), alleging Sandblast failed to pay required fees.
- Sandblast first moved to dismiss arguing it was not a party; the trial court denied that motion because the License Agreement names Sandblast as licensee.
- At summary judgment, Premiere produced the License Agreement, business records, and an affidavit; Sandblast opposed, arguing the contract was with WTOH subchannels (WTOH-HD4/WTOH-X1), raised a possible accord-and-satisfaction, and (on appeal) argued a federal rule barred Sandblast from being party to the agreement.
- The trial court granted summary judgment for Premiere for $96,492 plus interest and costs; on appeal the Tenth District affirmed.
Issues
| Issue | Premiere's Argument | Sandblast's Argument | Held |
|---|---|---|---|
| Whether federal regulation (47 C.F.R. §74.1231(b)) barred Sandblast from being a party to the License Agreement | Federal-law defense not raised below; Premiere relied on the written contract naming Sandblast | Sandblast argued its FM-translator status prohibited it from originating programming, so it could not lawfully be party to the agreement | Forfeited on appeal — court declined to consider because Sandblast did not raise it in the trial court |
| Whether a valid written contract existed between Premiere and Sandblast (statute of frauds issue) | The License Agreement expressly names Sandblast as licensee; Premiere performed by providing programming and proved unpaid fees and damages | License was actually between Premiere and WTOH-HD4/WTOH-X1; if no written agreement with Sandblast, statute of frauds would bar enforcement of a multi-year contract | Court held the Agreement expressly named Sandblast; admissions and records established breach and damages; summary judgment for Premiere |
| Whether genuine factual issues (e.g., accord and satisfaction or transfer to another station) precluded summary judgment | No meaningful dispute: documentary evidence and admissions support Premiere's claim | Claimed accord and satisfaction and factual disputes about transfer of programming | Court found no genuine issue of material fact; summary judgment appropriate |
Key Cases Cited
- Capella III, LLC v. Wilcox, 190 Ohio App.3d 133 (10th Dist. 2010) (describing de novo appellate review of summary-judgment rulings)
- Andersen v. Highland House Co., 93 Ohio St.3d 547 (Ohio 2001) (articulating de novo standard for reviewing summary judgment)
- Gilbert v. Summit Cty., 104 Ohio St.3d 660 (Ohio 2004) (setting elements and standard for granting summary judgment)