Find Mediators Near You:

‘The Dumb Zone’ Is Back, For Now, As Cumulus Continues Mediation With Former KTCK Hosts.

‘The Dumb Zone’ Is Back, For Now, As Cumulus Continues Mediation With Former KTCK Hosts.

Dan McDowell and Jake Kemp are back to posting episodes of “The Dumb Zone” podcast after agreeing to briefly put the controversial show on hold as part of ongoing mediation with their former employer Cumulus Media. How long the show can continue and what restrictions may be placed on the former sports “The Ticket” KTCK-FM & AM Dallas hosts remain up in the air, pending a court hearing.

A federal court order issued Wednesday pushed back until Sept. 15 a hearing on efforts by Cumulus to get a preliminary injunction to force Kemp and McDowell to stop releasing new episodes of the show.

The legal filings have been flying fast and furious since Cumulus sued McDowell and Kemp on Aug. 8 in the U.S. District Court for the Northern District of Texas. The broadcaster alleges the pair violated their non-compete, non-solicitation, and non-disparagement clauses by launching “an identical” podcast to their former radio show at KTCK and hijacking their former radio show’s social media accounts.

An initial application filed by Cumulus for a preliminary injunction to force Kemp and McDowell to shelve the show was rejected by the judge in mid-August.  U.S. District Judge Karen Gren Scholer wrote that Cumulus failed to show “that immediate and irreparable injury, loss, or damage will result” from the hosts continuing to anchor the podcast.

After Cumulus subsequently filed an Emergency Motion for an injunction, the court referred the case to a mediator and a hearing was held Aug. 21. After the hearing, the parties agreed to continue trying to resolve the dispute via mediation  and the hosts agreed to cease uploading any new episodes of “The Dumb Zone,” and to not promote the podcast or discuss their dispute with Cumulus publicly until an Aug. 29 hearing. But the Aug. 29 hearing was cancelled to allow more time for mediation and the hosts then resumed uploading episodes of their podcast. The court  has reset the hearing for Sept. 15. That’s also the deadline for McDowell and Kemp to file their legal response to the Cumulus suit.

Cumulus maintains “The Dumb Zone” is “a carbon copy” of “The Hang Zone,” which McDowell and Kemp hosted for KTCK for three years. According to the complaint, the two hosts began recording “an identical” podcast called “The Dumb Zone” covering Dallas-area sports and targeting a male audience, once they knew they were parting ways with the station.

Read the complete article here.

Featured Mediators

View all

Read these next


Merit Systems Protection Board Administrative Dispute Resolution Act of 2001 (Introduced in the House)

HR 1965 IH 107th CONGRESS 1st Session H. R. 1965 To clarify the Administrative Dispute Resolution Act of 1996 to authorize the Merit Systems Protection Board to establish under such...

By Managing Editor

Should Mediators Take The Reins? Evaluative Interventions In Mandatory Mediations

Most mediators asked whether they should take the reins would probably answer in the affirmative. Proactive intervention is almost always necessary to resolve any dispute where the parties are unable...

By Peter Annis

The Mediators–New Show

In Romania, there are over 4 million files waiting to be solved by courts – which implies a lot of stress, money and time. Being aware of his role of...

By Zeno Daniel Sustac