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Appellate court dismisses Dan Rather's lawsuit against CBS
Los Angeles Times ^ | September 29, 2009 | Matea Gold

Posted on 09/29/2009 11:24:00 AM PDT by abb

More than two years after Dan Rather filed a $70-million lawsuit against CBS for breach of contract and fraud, a New York Supreme Court appellate division has tossed out his claim.

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.

[Updated at 11:11 a.m.: CBS was jubilant about the ruling. “We’re studying the decision right now, but it appears to be a total victory – and vindication for CBS’ position,” said CBS News spokesman Jeff Ballabon. Neither Rather nor his attorneys immediately returned a call for comment.

In its ruling, issued more than five months after the parties argued the case before the appellate division, the court reversed Judge Ira Gammerman’s decisions on the case.

(Excerpt) Read more at latimesblogs.latimes.com ...


TOPICS: Business/Economy; Culture/Society; Front Page News; News/Current Events
KEYWORDS: cbs; dbm; rather; rathergate
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This just in.
1 posted on 09/29/2009 11:24:01 AM PDT by abb
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To: abb

2 posted on 09/29/2009 11:24:48 AM PDT by Anti-Bubba182
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To: 04-Bravo; aimhigh; andyandval; Arizona Carolyn; backhoe; Bahbah; bert; bilhosty; Caipirabob; ...

ping


3 posted on 09/29/2009 11:25:51 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

Too bad Dan. You should be ecstatic now that your guy is President. Maybe someday you will understand that lying in the long run always catches up with you.


4 posted on 09/29/2009 11:26:29 AM PDT by w1andsodidwe (Jimmy Carter(the Godfather of Terror) allowed radical Islam to get a foothold in Iran.)
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To: abb
Dear Dan...You should have listened to us.

The Pajama Crew!!

5 posted on 09/29/2009 11:26:41 AM PDT by Sacajaweau
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To: abb
Out on assignment ............ for good.


6 posted on 09/29/2009 11:26:51 AM PDT by Dumpster Baby (Truth is called hate by those who hate the truth.)
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To: abb

Awesome.


7 posted on 09/29/2009 11:26:55 AM PDT by Cementjungle
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To: abb
Fonts for Dummies...


8 posted on 09/29/2009 11:27:45 AM PDT by avacado
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To: abb

Dang, I was looking forward to it.


9 posted on 09/29/2009 11:27:55 AM PDT by DManA
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To: abb

10 posted on 09/29/2009 11:28:04 AM PDT by RushIsMyTeddyBear ('They're drinking the juice.'~ Barack H. Obama)
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To: abb

Hope ya didn’t spend too much money on that, Dan.


11 posted on 09/29/2009 11:28:09 AM PDT by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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To: abb

I thought a week ago, or so, they declined to dismiss it.


12 posted on 09/29/2009 11:28:49 AM PDT by nickcarraway
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To: abb

You would think the guy would be happy that he was paid after he was fired, and not thrown in jail for abetting the forging of documents to influence a Federal election, no doubt a major felony.


13 posted on 09/29/2009 11:29:56 AM PDT by montag813 (During times of universal deceit, telling the truth becomes a revolutionary act. -George Orwell)
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To: abb

I hear the court faxed the opinion in from Kinko’s.


14 posted on 09/29/2009 11:30:37 AM PDT by exit82 (Sarah Palin is President No. 45. Get behind her, GOP, or get out of the way.)
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To: abb

Now can we get back to investigating Dan for conspiracy to influence a federal election by using clearly falsified documents.


15 posted on 09/29/2009 11:31:11 AM PDT by precisionshootist
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To: abb

[Updated at 11:22 a.m.: Rather’s attorneys said they plan to appeal. “We are extremely disappointed with the Appellate Court’s decision,” Martin R. Gold, Rather’s lead attorney, said in a statement. “ 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.”]


16 posted on 09/29/2009 11:31:19 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb
Boo friggin' hoo, loser.


17 posted on 09/29/2009 11:31:46 AM PDT by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
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To: abb

And that’s the way it is.


18 posted on 09/29/2009 11:32:52 AM PDT by Captain Jack Aubrey (There's not a moment to lose.)
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To: abb

http://www.nydailynews.com/entertainment/tv/2009/09/29/2009-09-29_appeals_court_tosses_dan_rathers_70m_suit_against_cbs.html
Appeals court tosses Dan Rather’s $70M suit against CBS

http://www.nypost.com/p/news/local/judge_tosses_newsman_cbs_claim_K7dEZ373fuRxPPggN5azTJ
Judge tosses newsman’s $70M CBS claim

http://www.bloomberg.com/apps/news?pid=20601103&sid=aVmFT.XDxSwg
CBS Wins Dismissal of Rather’s Lawsuit Over Firing


19 posted on 09/29/2009 11:36:28 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: Damn Rather


20 posted on 09/29/2009 11:37:20 AM PDT by I see my hands (_8(|)
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To: abb

It’s like the end of the Iran-Iraq or Soviet-Nazi war. You hate to see it end and wish they both could lose.


21 posted on 09/29/2009 11:41:30 AM PDT by Lonesome in Massachussets (Don't tell 0bama what comes after a trillion.)
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To: avacado

22 posted on 09/29/2009 11:42:44 AM PDT by chuck_the_tv_out ( <<< click my name: now featuring Freeper classifieds)
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To: Lonesome in Massachussets

I wanted to see it get at least to discovery - so that we could find out what they knew and when they knew it.


23 posted on 09/29/2009 11:42:56 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

Thanks for the ping.


24 posted on 09/29/2009 11:44:53 AM PDT by GOPJ (IF new definition of racist is a person who disagrees with Obama-then I'm a racist and PROUD of it.)
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To: abb
Then you're gonna luv ACORN vs. O'Keefe et al.
25 posted on 09/29/2009 11:46:55 AM PDT by Lonesome in Massachussets (Don't tell 0bama what comes after a trillion.)
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To: abb
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.

I see the LA Times doesn't put bias in their stories anymore. /s

26 posted on 09/29/2009 11:46:55 AM PDT by Cyber Liberty (Ram "Health Care Reform" down our throats in '09, and we'll ram it up your @ss in '10.)
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To: abb

27 posted on 09/29/2009 11:47:08 AM PDT by elizabethgrace (I pray for our military, our Republic, Bibi and Israel.)
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To: abb

http://www.variety.com/article/VR1118009313.html?categoryid=14&cs=1
Judge dismisses Dan Rather lawsuit

http://mediadecoder.blogs.nytimes.com/2009/09/29/court-dismisses-rather-suit-against-cbs/
Court Dismisses Rather Suit Against CBS


28 posted on 09/29/2009 11:49:39 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: exit82
I hear the court faxed the opinion in from Kinko’s.

SuhWEET! LOL!

29 posted on 09/29/2009 11:52:35 AM PDT by TChris (There is no freedom without the possibility of failure.)
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To: abb

cue the violin music


30 posted on 09/29/2009 11:53:31 AM PDT by Arizona Carolyn
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To: abb
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.

Yeah. Right.

31 posted on 09/29/2009 11:54:27 AM PDT by CaptRon
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To: abb

Because its not nice to gloat...I’m going to exercise “fake but accurate” gloating...

HA HA (but not really)


32 posted on 09/29/2009 11:58:37 AM PDT by skully (Sorry I didn't know Marxism was a race!!)
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To: abb

Yea, go ahead Dan. Appeal all you want. Spend your money.


33 posted on 09/29/2009 11:59:48 AM PDT by SamiGirl
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To: abb

why did CBS keep him for so long. When he replace Cronkite, his ratings were #1, but he quickly slipped into third and stayed there for the rest of his tenure. In MLB he’d have been sent to the minors or traded


34 posted on 09/29/2009 12:02:59 PM PDT by hecht
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To: hecht

Dan Blather ended his “journalism” career with the word courage.

I have another word for you Dan: dismissed!


35 posted on 09/29/2009 12:06:36 PM PDT by VA_Gentleman (Everyone says they have a plan... until they get punched in the face. -Mike Tyson)
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To: abb

sucks to be Dan!


36 posted on 09/29/2009 12:07:51 PM PDT by tiredoflaundry (I will not be silenced.)
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To: abb

37 posted on 09/29/2009 12:08:15 PM PDT by Zakeet (Central Park Zoo vs. White House -- one has African Lion -- other has lying African)
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To: abb

38 posted on 09/29/2009 12:09:02 PM PDT by Zakeet (Central Park Zoo vs. White House -- one has African Lion -- other has lying African)
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To: abb

Suck it up Dan. The perky cheerleader who replaced you is still on the job, filling your man-sized shoes. How does that make you feel knowing she was a first grader when you covered Kennedy’s assassination and was in high school when you covered Watergate?


39 posted on 09/29/2009 12:13:34 PM PDT by Rebelbase (This is the time of year when ACORNS fall.)
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To: Rebelbase

Brutal! LOL!


40 posted on 09/29/2009 12:17:18 PM PDT by Constitution Day
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To: abb

One day Kenneth will reveal the frequency.


41 posted on 09/29/2009 12:22:22 PM PDT by nufsed
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To: abb
sniff

OK, I'm over it.

42 posted on 09/29/2009 12:48:42 PM PDT by SmithL (The Golden State demands all of your gold)
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To: abb
Appellate court dismisses Dan Rather's lawsuit against CBS

Wow, now he's disgraced and probably broke as well...

43 posted on 09/29/2009 12:53:23 PM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: abb

In the real world of business, Rather would have been fired and never recommended for hiring elsewhere.

How does one do that?

When contacted by a new, prospective employer, the new place asked this important question:
Is this person eligible for re-hire?

If answer is a firm NO, then the new prospective employer knows there was trouble you are not allowed to discuss by law. In Calif, you can only state that a person was let go because of theft or drugs. Anything else cannot be stated. But the above works JUST FINE.


44 posted on 09/29/2009 12:58:43 PM PDT by ridesthemiles
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To: abb

In the real world of business, Rather would have been fired and never recommended for hiring elsewhere.

How does one do that?

When contacted by a new, prospective employer, the new place asked this important question:
Is this person eligible for re-hire?

If answer is a firm NO, then the new prospective employer knows there was trouble you are not allowed to discuss by law. In Calif, you can only state that a person was let go because of theft or drugs. Anything else cannot be stated. But the above works JUST FINE.


45 posted on 09/29/2009 1:00:48 PM PDT by ridesthemiles
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To: Caipirabob

It looks to me like Dan’s brain is fried and his lawyers are laughing all the way to the bank. I’d feel sorry for the man if he hadn’t turned out to be a lying SOB.

Oh, I forget. The lies he told and false documents he presented “could” have true and genuine. I think I’m gonna get a Bromo to settle my tummy down a bit.


46 posted on 09/29/2009 1:09:36 PM PDT by dools007
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To: abb

Poor Dan.............now all he has is 50 million dollars.


47 posted on 09/29/2009 1:16:32 PM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: abb

Yo Danny boy, best put a little ice on that...


48 posted on 09/29/2009 2:13:02 PM PDT by snuffy smiff (the most pathetic thing about libs is not that they lie, but that they lie unto themselves....)
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To: abb
In a way, this is going to be sad.

Rather's sworn discovery would have been devastating to him. It would have forced him to look into a clear mirror.

There are sooooo many things that would have been raised to show Rather was not stable enough to be trusted to do a story. I saw some first hand, and they would have been fatal to his case, and his image.

49 posted on 09/29/2009 2:34:56 PM PDT by MindBender26 (Never kick leftists when they're down. Wait till they're half way back up. You get better leverage!)
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To: MindBender26

Yes. Rather tried to bluff The Suits into a settlement and it didn’t work.

Likely too, the courts were not very interested in exposing what they know took place.


50 posted on 09/29/2009 2:38:50 PM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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