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 ...
ping
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.
The Pajama Crew!!
Awesome.
Dang, I was looking forward to it.
Hope ya didn’t spend too much money on that, Dan.
I thought a week ago, or so, they declined to dismiss it.
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.
I hear the court faxed the opinion in from Kinko’s.
Now can we get back to investigating Dan for conspiracy to influence a federal election by using clearly falsified documents.
[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.”]
And that’s the way it is.
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
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