{"id":2784,"date":"2009-09-29T17:26:51","date_gmt":"2009-09-29T21:26:51","guid":{"rendered":"http:\/\/www.jasetaro.com\/blog\/?p=2784"},"modified":"2011-06-26T14:46:28","modified_gmt":"2011-06-26T18:46:28","slug":"new-york-appeals-court-dismisses-dan-rathers-suit-vs-cbs","status":"publish","type":"post","link":"https:\/\/www.jasetaro.com\/blog\/2009\/09\/29\/new-york-appeals-court-dismisses-dan-rathers-suit-vs-cbs\/","title":{"rendered":"New York Appeals Court Dismisses Dan Rather’s Suit vs. CBS"},"content":{"rendered":"

This should come as no surprise to anyone who has followed the whole sorry “Rathergate<\/a>” affair… A New York State Appeals Court\u00a0 has dismissed<\/a> Dan Rather’s $70 million wrongful termination suit against CBS:<\/p>\n

A New York state appeals court on Tuesday dismissed former TV newsman Dan Rather’s lawsuit against CBS Corp in which Rather claimed he was made a scapegoat in a scandal over a 2004 report on then-President George W. Bush’s military record.<\/p>\n

The ruling on Tuesday by a panel of judges of the New York State Supreme Court Appellate Division said Rather’s $70 million complaint should be dismissed in its entirety and that a lower court erred in denying CBS’s motion to throw out the lawsuit.<\/p><\/blockquote>\n

Rather, 77, sued CBS in 2007 after his career collapsed following a 60 Minutes II report on the Pres. George W. Bush’s Vietnam-era military service. The report relied in part on documents that could not be authenticated and that appear to have been generated using modern word processing\u00a0 software rather than a typewriter in the 1970s.<\/p>\n

More from the Los Angels Times<\/a>:<\/p>\n

In its ruling, issued more than five months after the parties argued the case before the appellate division, the court reversed Judge Ira Gammerman\u2019s decisions on the case.<\/p>\n

\u201cThis Court finds that the motion court erred in denying the defendants’ motion to dismiss the claims for breach of contract and breach of fiduciary duty, and therefore we find the complaint must be dismissed in its entirety,\u201d the ruling said.<\/p>\n

The appellate division found that Gammerman should have dismissed Rather\u2019s breach of contract claim against CBS, rejecting the anchor\u2019s argument that he was warehoused by the network constituted a violation of his deal.<\/p>\n

\u201cThis claim attempts to gloss over the fact that Rather continued to be compensated at his normal CBS salary of approximately $6 million a year until June 2006 when the compensation was accelerated upon termination, consistent with his contract,\u201d the court wrote. Rather\u2019s contract did not require \u201cthat CBS actually use Rather’s services or broadcast any programs on which he appears, but simply retains the option of accelerating the payment of his compensation under the agreement if he is not assigned to either program.\u201d<\/p>\n

The appellate division found that Rather failed to support his claim that CBS damaged his future business opportunities, saying \u201cit would be speculative to conclude that any action taken by CBS would have alone substantially affected his market value at that time.\u201d And the appeals judges wrote that he could not sue for breach of fiduciary duty because CBS did not owe Rather a fiduciary duty.<\/p>\n

The appellate division wrote that Rather had no grounds on which to claim fraud, dismissing his argument that he is making substantially less money at his current job at HDNet than the $4 million annually he believed he could have made at CBS as speculative and irrelevant. And the anchor failed to prove that the fall-out from CBS\u2019 handling of the Bush story curtailed other job prospects.<\/p><\/blockquote>\n

Ouch, that amounts to total repudiation of Rather’s claims… One hopes Dan Rather will save himself further humiliation and just fade quietly into obscurity, unfortunately, that’s not his style… He’s reportedly planning to appeal the decision.<\/p>\n","protected":false},"excerpt":{"rendered":"

This should come as no surprise to anyone who has followed the whole sorry “Rathergate” affair… A New York State Appeals Court\u00a0 has dismissed Dan Rather’s $70 million wrongful termination suit against CBS: A New York state appeals court on Tuesday dismissed former TV newsman Dan Rather’s lawsuit against CBS Corp in which Rather claimed […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[19],"tags":[865,866,861,123,862,863,864],"class_list":{"0":"post-2784","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-media","7":"tag-60-minutes-ii","8":"tag-cbs-news","9":"tag-dan-rather","10":"tag-george-w-bush","11":"tag-killian-documents-controversy","12":"tag-memogate","13":"tag-rathergate","14":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/pfpI7-IU","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":4859,"url":"https:\/\/www.jasetaro.com\/blog\/2013\/01\/29\/national-labor-relations-board-to-the-d-c-circuit-court-of-appeals-screw-you\/","url_meta":{"origin":2784,"position":0},"title":"National Labor Relations Board to the D.C. Circuit Court of Appeals: Screw you!","author":"Jeff","date":"January 29, 2013","format":false,"excerpt":"From the Wall Street Journal: President Obama's second term could really be something. In the latest disdain for the Constitution's checks and balances, the National Labor Relations Board has declared that it doesn't like the D.C. Circuit Court of Appeals Friday ruling that three board members were illegally appointed so\u2026","rel":"","context":"In "Politics"","block_context":{"text":"Politics","link":"https:\/\/www.jasetaro.com\/blog\/category\/politics\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":4253,"url":"https:\/\/www.jasetaro.com\/blog\/2011\/10\/03\/breaking-amanda-knox-murder-conviction-overturned\/","url_meta":{"origin":2784,"position":1},"title":"Breaking: Amanda Knox Murder Conviction Overturned","author":"Jeff","date":"October 3, 2011","format":false,"excerpt":"Nearly four years after she was first arrested on suspicion of murder, an Italian appeals court has overturned Amanda Knox's murder conviction and order her released.\u00a0 Her co-defendant Raffaele Sollecito's conviction was also overturned: Both were expected to be freed after being returned to prison to collect their belongings. Earlier\u2026","rel":"","context":"In "Breaking News"","block_context":{"text":"Breaking News","link":"https:\/\/www.jasetaro.com\/blog\/category\/breaking-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3843,"url":"https:\/\/www.jasetaro.com\/blog\/2011\/03\/05\/weekend-briefing-%e2%80%93-saturday-march-5-2011\/","url_meta":{"origin":2784,"position":2},"title":"Weekend Briefing \u2013 Saturday, March 5, 2011","author":"Jeff","date":"March 5, 2011","format":false,"excerpt":"I'm feeling a bit under the weather today and don't feel much like writing, but here's few must read articles from my stack of stuff: Greenspan Says Government \u2018Activism\u2019 Hampering U.S. Recovery - Bloomberg News Connecticut bill seeks to unconstitutionally restrict political and religious speech by employers - Washington Examiner\u2026","rel":"","context":"In "Immigration"","block_context":{"text":"Immigration","link":"https:\/\/www.jasetaro.com\/blog\/category\/immigration\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3809,"url":"https:\/\/www.jasetaro.com\/blog\/2011\/03\/03\/judge-vinson-to-obama-administration-quit-stalling-either-file-the-appeal-or-stop-implementing-obamacare\/","url_meta":{"origin":2784,"position":3},"title":"Judge Vinson to Obama Administration: Quit Stalling, Either File the Appeal or Stop Implementing Obamacare","author":"Jeff","date":"March 3, 2011","format":false,"excerpt":"Federal District Court Judge Roger Vinson, the judge who a month ago ruled Obamacare unconstitutional, today clarified his ruling at the government's request: The Obama administration got a well-deserved rebuke today from Judge Roger Vinson in the Florida lawsuit challenging the constitutionality of Obamacare (aka the Patient Protection and Affordable\u2026","rel":"","context":"In "Health Care"","block_context":{"text":"Health Care","link":"https:\/\/www.jasetaro.com\/blog\/category\/health-care\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2158,"url":"https:\/\/www.jasetaro.com\/blog\/2009\/05\/11\/golf-analyst-david-feherty-apologizes-for-pelosi-joke-in-dallas-magazine\/","url_meta":{"origin":2784,"position":4},"title":"Golf Analyst David Feherty Apologizes for Pelosi Joke in Dallas Magazine","author":"Jeff","date":"May 11, 2009","format":false,"excerpt":"Fox News is reporting that CBS Sports Golf analyst David Feherty has apologized to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid for a joke in a Dallas magazine: PONTE VEDRA BEACH, Fla. -- CBS Sports golf analyst David Feherty apologized Sunday to House Speaker Nancy Pelosi and\u2026","rel":"","context":"In "Culture"","block_context":{"text":"Culture","link":"https:\/\/www.jasetaro.com\/blog\/category\/culture\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1764,"url":"https:\/\/www.jasetaro.com\/blog\/2009\/03\/22\/washington-mutual-sues-the-fdic\/","url_meta":{"origin":2784,"position":5},"title":"Washington Mutual Sues the FDIC","author":"Jeff","date":"March 22, 2009","format":false,"excerpt":"Washington Mutual Inc. has filed suit against the FDIC seeking to recover roughly $13 billion connected to the seizure and sale of its banking arm by federal regulators. 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