• Subscribe
  • Log In
  • Sign up for email updates
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Texas Lawbook

Free Speech, Due Process and Trial by Jury

  • Appellate
  • Bankruptcy
  • Commercial Litigation
  • Corp. Deal Tracker/M&A
  • GCs/Corp. Legal Depts.
  • Firm Management
  • White-Collar/Regulatory
  • Pro Bono/Public Service/D&I

‘Ticket’ Denied TRO Against Ex-hosts’ Sports Podcast

September 16, 2023 Bruce Tomaso

A federal judge in Dallas on Friday denied a request by the owners of KTCK “The Ticket” for a temporary restraining order that would have prevented former hosts Dan McDowell and Jake Kemp from producing a sports-talk podcast, pending a December trial on a civil suit accusing the duo of “flagrant breaches of contract and misappropriation of … intellectual property rights.”

The suit, filed by Susquehanna Radio, which owns The Ticket, contends that the podcast, The Dumb Zone, is a carbon copy of The Hang Zone, the afternoon Ticket show McDowell and Kemp hosted until they quit in July in a contract dispute. Both hosts signed six-month noncompete agreements while employed at the Ticket.

After a seven-hour evidentiary hearing that stretched into Friday evening, U.S. District Judge Karen Gren Scholer ruled that Susquehanna failed to present convincing evidence to justify the “extraordinary remedy” of a TRO, including evidence that the company would suffer irreparable injury without such an order.

The ruling means McDowell and Kemp may resume creating episodes of their podcast.Under an Aug. 21 court order, the two agreed to suspend the podcast while mediation and settlement talks were under way. Those efforts failed to produce an agreement, however, and on Friday Judge Scholer implored the two sides to try again.

“Getting this behind you is good for both sides,” she said, adding, “You guys should settle this case. … This case should go away.”

Representing Susquehanna Radio in the case are L. David Anderson, a partner with BakerHostetler in Dallas, and David M. Pernini of Atlanta.

Representing Kemp and McDowell are former Dallas City Council member Philip T. Kingston of Sheils Winnubst, Frank G. Cawley of Frisco, Elizabeth Griffin of Clark Hill in Dallas, and Matthew Bruenig of Stamford, Connecticut, formerly a lawyer with the National Labor Relations Board.

While the judge’s ruling means Kemp and McDowell are not prohibited from resuming their podcast, the question of whether the podcast violates their contracts remains to be determined at trial, should the dispute come to that.

The parties and their lawyers have agreed before Judge Scholer not to discuss the pending litigation publicly, including, in the case of McDowell and Kemp, on any future episodes of The Dumb Zone.

Ten days after the longtime Ticket personalities quit, their subscription podcast made its debut. Like their radio show, the podcast focuses on Dallas-area sports and is targeted primarily toward male sport fans.

“It’s a clone of the show they were doing on The Ticket,” testified Jeff Catlin, operations manager for the station.

Kemp and McDowell disputed that characterization.

The Hang Zone, McDowell said, was, like other Ticket shows:  a slick, “well-produced machine.”  The podcast, onthe other hand, has “no format at all. … We’re just two guys.”

Kemp agreed. “The format [of The Dumb Zone] is quite different, and, in my opinion, not very good,” he testified.

Dan Bennett, a regional vice president for Cumulus Media Inc., the radio giant that owns Susquehanna, testified that since the departure of Kemp and McDowell, The Ticket’s ratings and revenues have declined, which he attributed, at least in part, to competition from the pair’s podcast.

Under cross-examination from Kingston, Bennett said The Ticket has 350,000 listeners a week and had net revenues of $22 million last fiscal year – while The Dumb Zone has fewer than 5,000 subscribers.

In her ruling from the bench, Judge Scholer said Susquehanna failed to show that any losses The Ticket has sustained are a result of the new podcast. Indeed, she said, if Ticket fans are irate, as reflected in emails the plaintiff introduced, it could well be because of the company’s well-publicized lawsuit and cease-and-desist efforts against Kemp and McDowell.

©2025 The Texas Lawbook.

Content of The Texas Lawbook is controlled and protected by specific licensing agreements with our subscribers and under federal copyright laws. Any distribution of this content without the consent of The Texas Lawbook is prohibited.

If you see any inaccuracy in any article in The Texas Lawbook, please contact us. Our goal is content that is 100% true and accurate. Thank you.

Primary Sidebar

Recent Stories

  • Injured Man Gets $9.45M Jury Verdict Against Dallas Hotel
  • P.S. — Raising the Bar: Lawyers Fight Food Insecurity, Support Veterans and More 
  • Winter Storm Uri Victims Ask SCOTX to Reinstate Their Claims
  • Flowserve, Chart Industries Agree to Combine in $19B Merger
  • New UT Law Grads Make Courtroom Debut in Federal Appeals Arguments

Footer

Who We Are

  • About Us
  • Our Team
  • Contact Us
  • Submit a News Tip

Stay Connected

  • Sign up for email updates
  • Article Submission Guidelines
  • Premium Subscriber Editorial Calendar

Our Partners

  • The Dallas Morning News
The Texas Lawbook logo

1409 Botham Jean Blvd.
Unit 811
Dallas, TX 75215

214.232.6783

© Copyright 2025 The Texas Lawbook
The content on this website is protected under federal Copyright laws. Any use without the consent of The Texas Lawbook is prohibited.