Dan Rather Loses Bid to Reinstate CBS Lawsuit

Top NY court rejects former anchor's motion
By Newser Editors and Wire Services
Posted Jan 12, 2010 2:02 PM CST
Dan Rather in 2006.   (AP Photo/Kathy Willens, File)
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(Newser) – New York's top court today rejected Dan Rather's bid to reinstate his $70 million breach-of-contract lawsuit against CBS. Rather's motion was denied without comment today by the Court of Appeals. "I am disappointed that no court or jury studied the evidence," said Rather in a statement. "The case was dismissed on purely technical grounds." He sued CBS and its top executives in 2007, claiming he had been wrongfully removed from his anchor post over a report that examined President George W. Bush's military service.

His lawsuit claimed fraud and breach of fiduciary duty, as well as breach of contract. A court threw out the fraud claims in September 2008. In September, a five-member Appellate Division panel unanimously concluded there was no breach of contract because CBS still paid Rather his $6 million annual salary after the disputed 2004 broadcast. A spokeswoman said the network is "pleased" by the ruling.

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