Some 20 years ago, the former owner of a low-power TV station in Atlanta failed to complete a required FCC form.
The licensee suffered, or so it claims, and sued D.C. law firm Garvey Schubert Barer. It sought to involve a now-former attorney involved in the gaffe.
The attorney is now off the hook, thanks to a judge’s ruling.
It’s a victory for Washington-based attorney Henry A. Solomon, who saw a cross-claim brought against him by GSB in an attempt to make him equally culpable of failing to properly submit all of the necessary paperwork to the Commission for Atlanta Channel, Inc., the licensee of WTHC-LD in Atlanta.
Solomon’s error happened in 1999, and Atlanta Channel in 2015 brought its case to a Washington, D.C., federal court seeking damages and resolution for errors it says were caused by both GSB and Solomon.
As Solomon is no longer a GSB attorney, the law firm submitted a contribution claim to the court.
The court nixed it, denying GSB’s claim that both it and Solomon share the blame for the mistake.
“Just because one alleged injury could not have occurred without the other does not mean that the injuries were caused concurrently, or that they are not independent,” the court said. “While the amount of the alleged loss may be the same, the negligent conduct involved occurred at different times and created different types of injuries to [Atlanta Channel].”
According to Law360, Solomon isn’t entirely free to move on without participation in the case. A cross-claim for indemnification filed by GSB stands.
“Without taking a position as to the ultimate validity of the indemnification claim, the court agrees that the Garvey defendants’ active negligence would not, in itself, defeat their claim,” the court said.
Solomon’s relationship with the Atlanta Channel predates his time at GSB. As an attorney with Haley Bader & Potts, he submitted FCC forms designed to keep it from being displaced from its assigned broadcast frequency. The application, Law360 reports, was rejected because it was not completed it full; the agency did not reconsider its decision until June 2000, with the full Commission finally taking up the matter in 2012.
In 2000, Solomon shifted to GSB, and continued to represent Atlanta Channel until 2010.
Since then, Solomon continues to represent the company through on-demand legal services, although he is reportedly retired.
