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http://www.newsmax.com/insidecover/tv_rather_lawsuit/2007/11/15/49920.html
CBS Moves to Dismiss Rather's Lawsuit
Thursday, November 15, 2007
CBS asked a judge Thursday to dismiss a $70 million defamation lawsuit that
veteran television newsman Dan Rather filed against the network and its
parent company, arguing that he waited too long to take legal action.
The former anchor's lawsuit claims his bosses made him a "scapegoat" for the
controversy that arose over a disputed story about President Bush's military
service.
CBS' motion argues the lawsuit should be dismissed because it was filed in
September, more than two years after he was removed from his "CBS Evening
News" post.
All of the claims in Rather's lawsuit against the network and Viacom Inc.
"are barred by New York's one-year-statute of limitations for defamation,"
CBS said in a 30-page reply motion filed in Manhattan's state Supreme Court.
CBS' court papers also contend that all of the claims relating to breach of
the newsman's contract with the network should be thrown out "as CBS did not
breach any obligations to Rather."
CBS issued a statement after filing the motion, saying the company was
"mystified and saddened by the baseless and self-serving allegations and
distortions of fact raised in his (Rather's) lawsuit."
Rather's lawyers, Martin R. Gold and Edward J. Reich, in a statement said:
"It is unfortunate that CBS is trying to delay discovery of the facts and
the trial of Dan's claims. We are confident that the court will reject these
tactics."
Rather's lawsuit says he was made a "scapegoat" to placate the Bush
administration after questions arose about a story he narrated that
concerned the president's military service during the Vietnam War.
Rather narrated the September 2004 report that said Bush disobeyed orders
and shirked some of his duties during his National Guard service and that a
commander felt pressured to sugarcoat Bush's record.
Rather, whose final months at CBS were clouded by controversy over the
story, said the defendants' words and actions damaged his reputation and
cost him significantly. He left "CBS Evening News" in March 2005.
Besides CBS Corp. and Viacom, Rather's lawsuit names CBS President and CEO
Leslie Moonves, Viacom chairman Sumner Redstone and Andrew Heyward, former
president of CBS News, as defendants.
The lawsuit seeks $20 million in compensatory damages and $50 million in
punitive damages.
CBS Moves to Dismiss Rather's Lawsuit
Thursday, November 15, 2007
CBS asked a judge Thursday to dismiss a $70 million defamation lawsuit that
veteran television newsman Dan Rather filed against the network and its
parent company, arguing that he waited too long to take legal action.
The former anchor's lawsuit claims his bosses made him a "scapegoat" for the
controversy that arose over a disputed story about President Bush's military
service.
CBS' motion argues the lawsuit should be dismissed because it was filed in
September, more than two years after he was removed from his "CBS Evening
News" post.
All of the claims in Rather's lawsuit against the network and Viacom Inc.
"are barred by New York's one-year-statute of limitations for defamation,"
CBS said in a 30-page reply motion filed in Manhattan's state Supreme Court.
CBS' court papers also contend that all of the claims relating to breach of
the newsman's contract with the network should be thrown out "as CBS did not
breach any obligations to Rather."
CBS issued a statement after filing the motion, saying the company was
"mystified and saddened by the baseless and self-serving allegations and
distortions of fact raised in his (Rather's) lawsuit."
Rather's lawyers, Martin R. Gold and Edward J. Reich, in a statement said:
"It is unfortunate that CBS is trying to delay discovery of the facts and
the trial of Dan's claims. We are confident that the court will reject these
tactics."
Rather's lawsuit says he was made a "scapegoat" to placate the Bush
administration after questions arose about a story he narrated that
concerned the president's military service during the Vietnam War.
Rather narrated the September 2004 report that said Bush disobeyed orders
and shirked some of his duties during his National Guard service and that a
commander felt pressured to sugarcoat Bush's record.
Rather, whose final months at CBS were clouded by controversy over the
story, said the defendants' words and actions damaged his reputation and
cost him significantly. He left "CBS Evening News" in March 2005.
Besides CBS Corp. and Viacom, Rather's lawsuit names CBS President and CEO
Leslie Moonves, Viacom chairman Sumner Redstone and Andrew Heyward, former
president of CBS News, as defendants.
The lawsuit seeks $20 million in compensatory damages and $50 million in
punitive damages.