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http://www.newsmax.com/insidecover/rather_cbs_lawsuit/2008/04/10/87092.html
Dan Rather Loses Round in CBS Suit
Thursday, April 10, 2008
A New York state judge threw out parts of Dan Rather's $70 million lawsuit
against CBS on Thursday, but preserved several key elements, including the
former news anchor's breach of contract claim.
State Supreme Court Judge Ira Gammerman dismissed Rather's fraud claim,
saying he was too late in filing it, and rejected Rather's charge that CBS
executives damaged his future job prospects, saying Rather could not support
the claim.
The judge let stand the portion of the suit in which Rather says the network
breached his contract by not giving him enough on-air assignments after he
was removed as anchor of the "CBS Evening News" in March 2005, following a
scandal over a report on U.S. President George W. Bush's military record.
CBS later acknowledged that documents used in the report, which aired on
September 8, 2004, could not be authenticated. CBS aired the report two
months before the presidential election pitting Bush against Democratic
challenger John Kerry.
In September 2007, Rather sued CBS, Chief Executive Leslie Moonves, Viacom
Inc, Viacom Chief Executive Sumner Redstone and Andrew Heyward, former head
of CBS News, claiming he had been made a scapegoat to "pacify the White
House."
CBS was part of Viacom until the firms split in 2006.
Rather kept reporting for the weekly news program "60 Minutes," but was
dumped by CBS in June 2006 after 44 years with the network. He had spent 24
years as anchor of its flagship news program.
Martin Gold, Rather's lawyer, said the judge's decision left in place the
essence of Rather's lawsuit against CBS and Viacom, including contract and
tort claims.
"Although not every legal theory of the case survives, as a result of the
decision, the court has permitted discovery and a trial of all of the
factual issues that form the basis of Mr. Rather's lawsuit, including his
$70 million claim for compensatory and punitive damages," Gold said in a
statement.
James Quinn, a lawyer for CBS, viewed the decision differently.
"We're very happy about it. Basically what's left is a garden-variety
contract dispute based on whether Dan Rather got enough air time on 60
minutes," said Quinn.
Rather now produces an hour-long news program, "Dan Rather Reports," for
cable channel HDNet -- available only to those with high-definition
television sets.
In November, CBS asked the judge to throw out the suit, arguing that
Rather's claims of unfair treatment "bear no resemblance to reality" and
were not filed on time.
Dan Rather Loses Round in CBS Suit
Thursday, April 10, 2008
A New York state judge threw out parts of Dan Rather's $70 million lawsuit
against CBS on Thursday, but preserved several key elements, including the
former news anchor's breach of contract claim.
State Supreme Court Judge Ira Gammerman dismissed Rather's fraud claim,
saying he was too late in filing it, and rejected Rather's charge that CBS
executives damaged his future job prospects, saying Rather could not support
the claim.
The judge let stand the portion of the suit in which Rather says the network
breached his contract by not giving him enough on-air assignments after he
was removed as anchor of the "CBS Evening News" in March 2005, following a
scandal over a report on U.S. President George W. Bush's military record.
CBS later acknowledged that documents used in the report, which aired on
September 8, 2004, could not be authenticated. CBS aired the report two
months before the presidential election pitting Bush against Democratic
challenger John Kerry.
In September 2007, Rather sued CBS, Chief Executive Leslie Moonves, Viacom
Inc, Viacom Chief Executive Sumner Redstone and Andrew Heyward, former head
of CBS News, claiming he had been made a scapegoat to "pacify the White
House."
CBS was part of Viacom until the firms split in 2006.
Rather kept reporting for the weekly news program "60 Minutes," but was
dumped by CBS in June 2006 after 44 years with the network. He had spent 24
years as anchor of its flagship news program.
Martin Gold, Rather's lawyer, said the judge's decision left in place the
essence of Rather's lawsuit against CBS and Viacom, including contract and
tort claims.
"Although not every legal theory of the case survives, as a result of the
decision, the court has permitted discovery and a trial of all of the
factual issues that form the basis of Mr. Rather's lawsuit, including his
$70 million claim for compensatory and punitive damages," Gold said in a
statement.
James Quinn, a lawyer for CBS, viewed the decision differently.
"We're very happy about it. Basically what's left is a garden-variety
contract dispute based on whether Dan Rather got enough air time on 60
minutes," said Quinn.
Rather now produces an hour-long news program, "Dan Rather Reports," for
cable channel HDNet -- available only to those with high-definition
television sets.
In November, CBS asked the judge to throw out the suit, arguing that
Rather's claims of unfair treatment "bear no resemblance to reality" and
were not filed on time.