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.