Posted on 09/23/2008 2:41:36 AM PDT by abb
A New York state Supreme Court judge Monday limited the scope of Dan Rather's $70-million lawsuit against CBS Corp., tossing out his claims that the network committed fraud and unlawfully interfered with his contract in his final months at the news division.
But Justice Ira Gammerman allowed Rather to proceed with his claims that CBS broke the terms of his contract and breached its fiduciary duty by sidelining him in the wake of a controversial story about President Bush's service in the Texas Air National Guard.
The ruling "allows us to prove everything we need to prove to a jury," said Martin Gold, Rather's lead attorney. "I think the breach-of-contract claim is essentially a slam-dunk."
That point was vigorously disputed by lawyers for CBS, who cast the judge's decision as a victory for the network, which had asked the court to dismiss three of Rather's four remaining claims. The judge threw out two of them and also dismissed the complaint against Viacom, saying the corporation could not be held liable for the actions of CBS, from which it split in 2006.
James Quinn, CBS' attorney, said the former anchor would not be able to prove that the network breached the terms of his contract.
Monday's ruling capped the second attempt by the network to get Rather's suit dismissed and came almost exactly a year after he startled the television industry by suing his former employer of 44 years.
At the heart of the case is a story that Rather reported on the now-defunct weeknight edition of "60 Minutes" in September 2004 that said political allies helped Bush avoid deployment to Vietnam and skirt the requirements of his service in the Texas Air National Guard.
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(Excerpt) Read more at latimes.com ...
ping
Then, Rather could go on to show how CBS had faked news stories, all the way back to the Viet Nam war!
Wouldn't it be nice to see them destroy each other?
Mark
You’re right - they both know too much about each other.
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Yeah, Martin gets slammed, and Rather gets dunked...
Well this is gonna chaff ol’ Danny boy like a cockroach chewing on the armpit of an armadillo trying to catch 40 winks in an abandoned 56 Chevy Belair on the side of U.S. 90 in West Texas, you can believe that.
....Wouldn’t it be nice to see ...
yes
I think Dan Rather and CBS were made for each other despite this bump in the road. Seriously, Rather could take a job at MSNBC.
Bet Palin’s just killing him.
L0L.. Exactly.. Palin has taken all the sound bites none left over for Rathergate..
What worries me is that they will narrow this lawsuit down so much that Rather will win, CBS probably did violate his contract in some way. But if he wins “they” will claim that it proves that the “Lucy” memos were real.
Just you watch.............
What worries me is that they will narrow this lawsuit down so much that Rather will win, CBS probably did violate his contract in some way. But if he wins “they” will claim that it proves that the “Lucy” memos were real.
Just you watch.............
Congressman Billybob addressed that issue a year agoDan Rather, CBS, Plus Dukeback when Rather's suit was filed.
Special to FreeRepublic ^ | 21 September 2007 | John ArmorWorth a read, or re-read, now.
And yet, the public interest is that the truth come out and be formally established.
Congressman Billybob
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