Dan Rather's CBS Lawsuit Partially Dismissed, All Damages Remain

Justice Ira Gammerman, the judge hearing Dan Rather's lawsuit against CBS, has issued a motion to dismiss four of the seven counts of the suit.

Three of the seven counts will remain, including the $70 million in compensatory and punitive damages Rather is seeking from CBS for breaching his contract.

TVNewser also reports that the contract dispute remains on the table:

What remains is the contract dispute: whether Rather was utilized appropriately in the remaining months of his deal as a correspondent on 60 Minutes.

Jim Quinn, lead counsel for CBS tells TVNewser, "We're thrilled with the results. The core of the allegations of fraud and fair dealing have been thrown out. What's left is a garden variety contract dispute."

However, Martin R. Gold, partner at Sonnenschein Nath & Rosenthal, who is representing Rather in the case, disputed the CBS counsel's claims in a statement to the Huffington Post:

Justice Gammerman issued a decision today which leaves in place the entire essence of Mr. Rather's lawsuit against CBS and Viacom, including both contract and tort claims. Although not every legal theory of the case survives, as a result of the decision, the Court has permitted discovery and a trial of all of the factual issues that form the basis of Mr. Rather's lawsuit, including his $70 million claim for compensatory and punitive damages. The defendants' statement that all that is left is a "garden variety contract dispute" is simply inaccurate.

CBS released the following statement:

We are gratified that the court has dismissed the majority of Mr. Rather's claims, including the spurious claims against Mr. Redstone, Mr. Moonves and Mr. Heyward, as well as the false charges of fraud, tortious interference with prospective business relations, breach of good faith and fair dealing. With respect to the few remaining claims, relevant to his contract, there are no facts to support them and we expect them to be dismissed when the discovery process is complete.

Read the decision here (zoom and scroll as necessary, via DocStoc):

Dan Rather vs. CBS Corporation, Viacom, Inc. - Get more documents

Comments

[NoSillyName]

CBS screwed Rather after he'd done great work for decades. Rather did not fabricate the story; it is true and the papers were supposedly vetted by his producer.

I'm happy to know that Dan now has a show on HDnet doing what he's always done best, traveling the world being investigative journalism. Wish I could see the show.

CBS screwed Rather and now we have the incompetent Ms. Couric. Thanks a hell of a lot, CBS.

[InofTouch]

Amazing people say that CBS didn't stand up for Rather but Rather didn't stand up to the story himself...­he had to apologize instead of going down and stand up to his report., but he didn't have the guts like he use to do in the early 90's.

So now he susing so people don't label this event as Jason Blair

[castlerider]

Rather's team should hold off to go to trial until after the monkey in the White House is gone back to Crawford.
While he's there, there are too many cronies doing the monkey's bidding, doing all they can to cut up the fight so we won't see Bush for the coward we already all know he is.

[InofTouch]

So Dan thinks he injustice for his departure and yet his behavor that even Walter Cronkite had call to question and his quick temper for not getting his way led to his own departure and yet people are are hailling his prase because he went after bush and yet no one question the fact that he did such a poor Journalism job trying to go after him.

It just sad that he feel like if he was mistreated, even thought he he been there for more then 14 years and the corporate media could have fired or let him go when Rather was stuck in third place for better half of 90's and 00's but where the injustice in that.

[terry54]

Dude DAN RATHER was setup with the Bush AWOL story.
Why??

Because during the Silverado Savings and Loan scandel Dan Rather stayed on top of the story day after day. Even when Daddy Bush removed the Federal Investigators and ALL THE EVIDENCE AGAINST G.W. BUSH AND NEIL BUSH DISAPPEARED before new Federal Investigators were assigned.
Daddy Bush lost the election because of Dan Rather. He relationships with the Sha of Iran and the DEATH SQUADS, Norgia in Panama, the Sandnista in Nigragua.
Daddy Bush did a lot of wold crap for large corporations when he was the head of the C I A and Dan Rather reported on a lot of it. Espically when American Corporations were paying off forgien government officals and they had to take the money or deal with the CIA hitmen.
Dan Rather is one of the gaints in journalism and has been setup harmed by this corporate mob.

[castlerider]

He doesn't think it was an injustice, he knows it was.
He reported a story that was given to him. He told the truth as best as it was obtained, and the fact remains that Bush really was an AWOL creep who lied about everything he is or ever was. Maybe you don't mind that he hid behind his daddy's trousers so he wouldn't have to go to Nam, maybe you're another fake or coward like he is, but nobody should hold it against Rather that he intended to tell the documented truth then was hung out to dry becaus ethe documentation given to him was incomplete and compromised. Still, it did not change the facts. Bush is a coward, and always has been.

[InofTouch]

First of all very nice of you to attack me for not following you blindiny into the night with you apprently

second of all if the document were true then they could have been and proven on the spot without question ask, that was with the case with watergate and there bumps. Point is if he as good as he says he is then why did he fail.

[iPolitics]

i hope rather wins. good man. great reporter. it's a shame CBS is weak and Faux News are a bunch of blowhard Neo-Nazi lovers like 'Hal Turner' Hannity and 'At least I'm better than Goebbels' O'Reilly

[hydethesalami]

What's the frequency now, Dan?

Maybe he can get someone to produce a fake court decision for him to read on HDNET.

[johnnyhempseed]

"News is what they don't want you to know,everything else is publicity" Bill Moyers
peas in,and out!

[dawlishgal]

Good news that FINALLY somebody will be looking into the factual bases of the lawsuit, including, presumably which Rovian goon--exac­tly--plant­ed the fake papers. Remember when the Lieberman campaign complained that the Lamont campaign had sabotaged their website? Turns out that both the FBI AND the Republican governor of CT (the one who took the place of the conviced previous governor John Rowland) knew before the election that the site was brought down by Lieberman's own people and didn't say anything..­...just waited for the election to go to the disgusting Lieberman. Very similar to the way Rove bugged his own client's office, then blamed the opponent and the opponent lost the election.

[monty]

CBS treated Dan terribly and caved in to the Republican war-mongering propaganda machine.

I hope they have to pay him $100 million for their short-sighted stupidity.

[Manx]

I hope Dan Rather prevails against the network that treated him so shabbily.

[carex]

Go get 'um Dan.

I will do a little dance when you win this, as I am sure you will.

CBS news has no credability. Like Katie Couric is a journalist.

[Sylmason]

Good for you Dan Rather. Maybe the Bush/Cheney team will cough up the money, since they created the problem.

[Ramirez]

It wasn't the WH that exposed Rather. It was bloggers that picked up on the fake docs. Without them Rather would have pulled it off.

[dawlishgal]

It was the White House who employed the pig Karl Rove. The question is, who cooked up and planted the fake documents? Perhaps the same people who were so quick to spot the signs of fakery? This situation is so similar to others that were concocted by the dirty brain of the loathsome Karl Rove, that it make me snicker to hear people who actually fell for what was basically another Republican dirty trick.

[melonman]

"Bloggers," huh? You're either very naive or you're just another "blogger."

[terry54]

You take some old documents and scan them see what you get.

The same thing presented to Dan Rather. The guy with the orginal papers are afraid for their lives. Like the LT. Commander who said G.W. Bush never felw jets because he never took the drug test required to fly jets. He said Bush refused the test saying " MY DOCTOR IS IN HOUSTON" and he left the base and never returned for duty.

That LT. Commander was reassigned and never heard from again.
Where is he??? He disappeared the very next day after he made the statement to reporters.

The White House never denied G.W. BUSH was AWOL AND HE GOT A HORORABLE DISCHARGE ILLEGALLY.
THEY SAID " THIS IS OLD NEWS".
BUSH IS STILL AWOL !!!!!!!!!!!!

[BigLib]

Randi Rhodes fired, Kutie Katie asked to pack her personal items, no cash for "Fake but Accurate" Dan...

bad day for Libs.

[BarryChamplain]

"BigLip":

Katie Couric is still under contract and on the air. So there goes that.

Please explain how her departure would somehow make this a "bad day for Libs".

p.s.. if McCain is elected, does that make it a "good day", for reactionary assholes like yourself?

Please explain how, How does your country improve, by going bankrupt and adopting a policy of perpetual war? How's acountry like that, make it a "good day" for you?

[BarryChamplain]

Oh, and Randi wasn't "fired", either. In fact, I think you'll hear Air America, the folks you allege to have "fired" her, argue that point quite forcefully, should a courtroom become the venue for this particular debate.

You're really not very bright, are you? We understand. There are websites and media for folks like yourself. Please feel free to enjoy going there.