Howard Stern plans to appeal judge's dismissal of his Sirius suit

(CBS/AP) Shock jock Howard Stern is considering an appeal of New York state court judge's dismissal of Stern's $300 million lawsuit against Sirius XM.

According to his show's Twitter feed, Stern, a new "America's Got Talent" judge, was "really bummed" by the decision, and he plans to appeal.

Stern's suit was dismissed Monday "with prejudice," which means he can't bring another suit based on the same set of facts.

Stern filed suit last March seeking a huge bonus by arguing that the number of Sirius subscribers exceeded the company's internal forecasts. But his initial job contract was signed before Sirius merged with XM in July 2008.

The judge ruled that Stern couldn't count XM's nearly 10 million subscribers in calculating his bonus.

The 58-year-old radio host said on his show Tuesday morning that he was frustrated with the decision by Supreme Court Judge Barbara Kapnick.

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Sirius XM Radio Inc.'s stock rose nearly 3 percent.