A judge has denied a request by syndicated radio host Bubba the Love Sponge to dismiss a $1 million lawsuit filed against him and his Bubba Radio Network by Nielsen Audio. The Tampa Bay Business Journal reports that Bubba’s motion to dismiss, filed in December, 2015, in the U.S. District Court Middle District of Florida in Tampa, came after Nielsen amended its original complaint for alleged ratings tampering.
The amended complaint by Nielsen maintained the five counts against Bubba and BRN, including fraud; interference with business and contractual relations with PPM panelists and violating the Florida Deceptive and Unfair Trade Practices Act.
U.S. District Judge James Whitmore wrote that Bubba’s request to dismiss Nielsen’s request for punitive damages will be denied “because the complaint adequately states a claim that is alleged to be based on willful, wanton and malicious conduct. The complaint also adequately alleges loss of control of reputation, loss of trade and loss of goodwill, which are recognized grounds for irreparable injury.”
Bubba’s attorneys have two weeks to respond to the amended complaint. The case is set for a jury trial in January, 2017 in Tampa.