Posted on 04/10/2008 10:16:30 AM PDT by PJ-Comix
In the judge’s decision, he found Rather’s claims to be false, but inaccurate. Dismissed.
Dan Rather’s lawsuit: FAKE AND INACCURATE
“Well, this has to make him steamier than a Texas black top road after a Summer shower”
That’s a good one. How about: Hotter than me in the hot Texas sun on the 4th of July without my rag.
He did NOT want his career examined under a microscope.
The rest is the contract elements dispute, but what are his damages?
He was paid. What does he want, a Writ of Mandamus to require CBS to allow him to air stories?
Remember, CBS’s fallback legal position always was “Dan was a professional danger to himself and CBS. We acted in his best interest, regardless of whether not not he can admit it.”
In addition, we (CBS) had a duty to our stockholders. His Bush stories clearly had an element of fraud in them. It matters not whether DR committed the fraud or only “published” it (”published” in the legal sense, “aired” to us) without verifying and validating it, and in fact, the appointed investigators report clearly shows DR did not WANT to see any facts that cast doubt on the entire story.
This was something a Journi 101 student should have caught, and DR probably did, but he so WANTED the story to be true, he pushed it.
Black letter law. No contract can require CBS to allow him to use the network to further a further fraud! ... and that is a winning legal position that destroys Rather publicly.
I have never watched her on CBS. Therefore, I don't have any reason to gloat over her leaving.
I'm going to gloat anyway—good riddance to the thrash heap.
He would go days without having a normal conversation with anyone but his producer, Tom Bettag.
There were nights when he was so OTW before the show that another reporter capable of “carrying” the show would be asked to “stick around for a few hours this evening,” in case Dan isn't “feeling well.”
His written Staff Agreement says this:
Nothing herein shall be deemed to obligate CBS to use [Rather's] services hereunder or to broadcast any program, and CBS shall have fully discharged its obligations hereunder, by payment to [Rather] of the applicable compensation set forth in paragraph 3.Rather was paid in full.
Unless Rather can show a later or separate agreement on the same issue that modifies this language, I am baffled that the breach of contract claim was not also dismissed.
Actually, I am making the comments I would make. That was Mrs. B’s tagline.
What is OTW? Drunk?
or
Hotter than a five dollar pistol in a frog’s pocket.
The court was not swayed by Dan’s fake but accurate evidence.
I never thought there was much merit to the case from a legal standpoint. Not sure why Rather bothered to file it in the first place. Maybe to try to bolster his reputation in the public eye.This is, of course, followed by several accusations of being a LOUSY FREEPER TROLL, followed by DUmmie spin.
I barely remember him as a reporter,what little I recall was his confrontational style,where he became the news. He should never have been made an anchor, Roger Mudd should have had the job.
Thanks. As on the wrong frequency, I guess. I’ve heard he likes his Scotch or bourbon, too.
The provision you cite is very standard in an on-air talent contract. I was just angry that I could never get Net to exercise their rights under that provision in my case!
Of course, Rather's counsel wasn't “working off the retainer” in drafting the entire Complaint, was he?
Nooooooo
(Rumor at Black Rock is that the Complaint was not filed by the Clerk by sequential case number order but instead was filed in alphabetical order by the first letter of the author's last name.... as all works of fiction are in the library!)
Be well :~)
I love how Spider Robinson worked in an explanation for the “what’s the frequency, Kenneth” in his Callaghan novels. LOL
I never believed he was simply gullible. I always thought he was at best willfully ignorant so he could claim plausible deniability, and more likely actively complicit with the fraud.
It disgusts me to see him still working on HDNET news.
How can we possibly lose? Aside from the fact that one of them has to win, of course...
Also, there are two rarely told stories about Dan.
He washed out of USMC boot camp twice. Would love to talk to the other men who were on Parris Island or San Diego with him.
Secondly, after Morley Safer did the “Marines burning the village story,” Rather ran into the same Marines a short time later. According to some who were there, Rather tired to buddy-buddy up to the Marines by asking them why they didn't shoot Safer!
Morley was not a happy Canadian.
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