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Dan Rather lawsuit dismissed
Photo credit: ap
Now it's really truly over - Dan Rather's lawsuit against CBS, and effectively a relationship with the network that stretches back nearly half a century.
Unless Dan seeks an appeal. He doesn't go quietly, you know. (In fact, his lawyer, Martin Gold, just told TVNewser: "We are extremely disappointed with the Appellate Court's decision. We believe the decision is incorrect on a number of grounds and, accordingly, we intend to ask the New York Court of Appeals to review it.")
The New York Supreme Court appelate division handed down the decision - a dismissal of the $70 million lawsuit against CBS that stemmed from his departure after the memogate controversy.
Here's the LA Times wrap:
"The ruling, handed down today, dismissed Rather's claims that CBS News broke his contract and committed fraud by sidelining him in the wake of a controversial story he reported about President George W. Bush's Vietnam-era service in the Texas Air Guard. The anchor alleged that CBS sought to curtail reporting on the story because of pressure from its then-parent company, Viacom.
But in its ruling, the appeals panel found that CBS did not violate the terms of Rather's contract because it continued to pay him, citing the contract's "pay or play" provision. The finding was a major blow to the longtime newsman, who had cast the suit as part of a broader effort to rein in the influence of corporations on news organizations."
Now, here's CBS's brand new statement:
CBS is pleased by the appellate court's unanimous ruling today dismissing all of Dan Rather's claims. CBS's position on each claim was upheld, as we have said they would be for the past two years.
The court agreed with CBS that none of Mr. Rather's causes of action state a valid claim. The court agreed that this has never been anything more than a contract dispute and that Mr. Rather did not and could not plead that there was any breach of his contract. The court unequivocally rejected Mr. Rather's allegations of fraud and breach of fiduciary duty.
As far as the recent claims of a purported fraud which Mr. Rather filed against CBS and against Leslie Moonves and Andrew Heyward, Mr. Rather's attorneys already said in open court that they are identical to the claims dismissed today. Based upon this unanimous decision by the appellate division, that final remnant will be dismissed as well.
This lawsuit is now effectively over. As the court unanimously concluded, "we find the complaint must be dismissed in its entirety."
Tags: dan rather , cbs lawsuit
