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Judge Dismisses Core of Dan Rather Suit
MediaBistro.Com ^ | April 10, 2008

Posted on 04/10/2008 10:16:30 AM PDT by PJ-Comix

Rather_4.10.jpgBreaking: The judge in Dan Rather's lawsuit against CBS has issued a motion to dismiss most of the case. CBS News confirms.

Developing...

> More: TVNewser has learned most of issues of the lawsuit have been dismissed. 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."

In the meantime, the contract dispute part of the case continues, perhaps for the next several months. "At the end of discovery, we'll move again for a summary judgment" to dismiss, says Quinn.


TOPICS: Breaking News; News/Current Events
KEYWORDS: cbs; cbsnews; danrather; fakebutaccurate; howtostealanelection; lawsuit; rathergate; ruling; seebsnews; viacommies
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LOL! Attention FReeper Buckhead!!!
1 posted on 04/10/2008 10:16:30 AM PDT by PJ-Comix
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To: PJ-Comix

Wow. Wonder if MSM will turn against ol’ Dan like they seem to have turned against Mrs Clinton.


2 posted on 04/10/2008 10:19:52 AM PDT by DBrow
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To: Buckhead

Dan Rather Ping


3 posted on 04/10/2008 10:20:39 AM PDT by DBrow
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To: PJ-Comix; dighton; martin_fierro; Tijeras_Slim
Just the type of good news I like to read on a Thursday!
4 posted on 04/10/2008 10:20:41 AM PDT by Constitution Day
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To: TankerKC

Dan Rather Ping


5 posted on 04/10/2008 10:21:30 AM PDT by DBrow
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To: Constitution Day

I guess Buckhead and Charles Johnson can take their lawyers off retainer....


6 posted on 04/10/2008 10:22:47 AM PDT by Right Cal Gal (Abraham Lincoln would have let Berkeley leave the Union without a fight)
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To: PJ-Comix


Couriage!

7 posted on 04/10/2008 10:25:14 AM PDT by jdm (With coffee, all things are possible (just kidding, Father).)
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To: PJ-Comix

That’s too bad. I was hoping Rather would find a way to take all of See BS news down with him.....


8 posted on 04/10/2008 10:25:15 AM PDT by Cyber Liberty (Don't trust anyone who can't take a joke. [Congressman BillyBob])
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To: PJ-Comix

Don’t worry, he’ll be all over P=BS with Moyers on a defeat America tour.


9 posted on 04/10/2008 10:25:25 AM PDT by Eurale
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To: PJ-Comix

Courage Dan, Courage.


10 posted on 04/10/2008 10:27:28 AM PDT by FMBass ("Now that I'm sober I watch a lot of news"- Garofalo from Coulter's "Treason")
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To: PJ-Comix
Judge Dismisses Core of Dan Rather Suit

"I'll take 'Empty suits' for $1,000, Alex."

11 posted on 04/10/2008 10:31:06 AM PDT by NonValueAdded (Who Would Montgomery Brewster Choose?)
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To: jdm; Constitution Day
Couriage!

Alack, Dannes spyryte perketh not.

12 posted on 04/10/2008 10:32:17 AM PDT by dighton
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To: PJ-Comix

13 posted on 04/10/2008 10:32:19 AM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: Liberty Valance

Epic!!! With a caption of “Gullible’s Travails”, perhaps?


14 posted on 04/10/2008 10:38:04 AM PDT by Christian4Bush ("41-David, you are clear for end of watch." Rest in Peace, SWAT Officer Randal Simmons.)
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To: jdm

You see where the perky one is “stepping down” [aka getting fired] from the CBS anchor chair after the election.

2 years before her contract runs out.


15 posted on 04/10/2008 10:48:40 AM PDT by hattend (Conservo Tribe Name: Soars with Eagles aka We're so screwed)
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To: PJ-Comix

From the headline, I assumed this was about a suit AGAINST Dan Blather. My mistake.


16 posted on 04/10/2008 10:49:29 AM PDT by kevinm13 (The Main Stream Media is dead! Fox News Channel provides Fair and Balanced coverage.)
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To: Constitution Day
Won't be long before Katic Couric joins the feckless wonder boy, Danny, on the C --> BS * Do Not Call List *
17 posted on 04/10/2008 10:51:09 AM PDT by xtinct (I was the next door neighbor kid's imaginary friend.)
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To: jdm
Couriage...

she's gonna need it too.
Just heard that if her ratings don't improve by the end of November, she's OUT!!

18 posted on 04/10/2008 10:52:06 AM PDT by evad (.I.)
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To: PJ-Comix

Did they assign him a new frequency?


19 posted on 04/10/2008 10:53:31 AM PDT by umgud
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To: PJ-Comix
All Hail Buckhead...

Now where's that where's that lazy serving wench Mapes....more beer, we celebrate, more beer serving wench!

20 posted on 04/10/2008 10:55:11 AM PDT by Doctor Raoul (Fire the CIA and hire the Free Clinic, someone who knows how to stop leaks.)
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To: All

No problemo. Dan only has to get his counterfeiter buddy to phony up a court ruling favorable to him; and while he’s at it, how about a phony verdict in his favor and awarding him billions. Of course, it would be monopoly money, but so what? It’s the issue that counts, not the evidence.


21 posted on 04/10/2008 10:56:41 AM PDT by DPMD (~)
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To: PJ-Comix; RatherBiased.com; Buckhead

THEY'RE COMING TO TAKE DAN AWAY
Tune: "They're Coming to Take Me Away, Ha-haaa!"

Remember when I broke the news
How Bush got in the Guard
And didn't have to leave
To go to Vietnam?
Well . . .

I pushed that story hard
Just weeks before Election Day
And so of course you know
The thoughts I had in my mind
Like . . .

They're going to give me a prize, Ha-ha!
They're going to give me a prize, Ho-ho, Hee-hee, Ha-ha!
For a journalist
Who helps the Democrats all the time
And I'll be happy to put
That nice award
In my trophy case
And they're going to give me a prize, Ha-haaa!

You thought it was a fake
And so you cringed
You cringed when people said
That superscript was not done at that time
Right . . .

The people laughed, I heard them laugh
They laughed, they laughed and laughed
You made me leave
But now you know I'm Rather upset!
So . . .

I'm going to take you to court, Ha-ha!
I'm going to take you to court, Ho-ho, Hee-hee, Ha-ha!
For a tidy sum
Like six--no, seventy million bucks
And put me back on the Evening News
And make all the viewers watch
And I'm going to take you to court, Ha-haaa!

I read your news
I gave my views
And this is how you pay me back
For all my years of bold unbiased news?!
Hah . . .

Well, you just wait
I'll find the proof
And when I do
They'll know that Dan is not some sort of old unbalanced nut!
'Cause . . .

They're coming to take me away, Ha-ha!
They're coming to take me away, Ho-ho, Hee-hee, Ha-ha!
To the Kinko's store
Where fake but accurate faxes fly
And I'll be happy to see
Those daring scoops
Come across my desk
And they're coming to take me away, Ha-haaa!

To the anchor desk
With lights and cameras and breaking news
And four producers who sit and smile
And tell me that I'm the best
And they're coming to take me away, Ha-haaa!

To the Kinko's store
Where fake but accurate faxes fly
And I'll be happy to see
Those daring scoops
Come across my desk
And they're coming to take me away, Ha-haaa!

22 posted on 04/10/2008 10:56:59 AM PDT by Charles Henrickson (The wag tailoring the doggerel)
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To: FMBass
Courage Dan, Courage

...giggle....

23 posted on 04/10/2008 11:10:15 AM PDT by LasVegasMac (Islam: Bringing the world death and destruction for 1400 years!)
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To: NonValueAdded

24 posted on 04/10/2008 11:14:17 AM PDT by wastedyears (The US Military is what goes Bump in the night.)
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To: PJ-Comix

The breach of contract claim was the only one I thought had any merit at all.


25 posted on 04/10/2008 11:14:44 AM PDT by colorado tanker (Number nine, number nine, number nine . . .)
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To: Charles Henrickson

Just wow - a favorite song of my yute...


26 posted on 04/10/2008 11:15:30 AM PDT by jonno (Having an opinion is not the same as having the answer...)
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To: PJ-Comix

Well, this has to make him steamier than a Texas black top road after a Summer shower.


27 posted on 04/10/2008 11:18:01 AM PDT by no nau
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To: hattend

You see where the perky one is “stepping down” [aka getting fired] from the CBS anchor chair after the election.

2 years before her contract runs out.

Verification on this?


28 posted on 04/10/2008 11:25:38 AM PDT by Ouderkirk (Hillary = Senator Incitatus, Clintigula's whore...er, horse.)
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To: no nau

LOL!

BTW, what’s the frequency Kenneth?


29 posted on 04/10/2008 11:27:04 AM PDT by prairiebreeze (I am a proud supporter of Israel.)
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To: Ouderkirk
Couric leaving CBS
30 posted on 04/10/2008 11:29:04 AM PDT by Hoffer Rand (0'bambi: the audacity of hype)
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To: Ouderkirk

WaPo and WSJ said yes, SeeBS, LAT and Fox say no.


31 posted on 04/10/2008 11:29:05 AM PDT by glock rocks (Corporate globalists are the principal source of funding for the left.)
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To: glock rocks

Maybe somebody (either cbs or couric) is floating up a weather balloon to see if there is any interest in her from other entities. It would be a more gracious way to terminate what was a disastrous decision from the beginning.


32 posted on 04/10/2008 11:34:02 AM PDT by Hoffer Rand (0'bambi: the audacity of hype)
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To: PJ-Comix
Howard Stern's looking for another lackey, Dan.
33 posted on 04/10/2008 11:36:29 AM PDT by toddlintown (On Obama's moral compass, "N" doesn't stand for "North.")
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To: Charles Henrickson

That’s hilarious. Congrats if you’re the author.


34 posted on 04/10/2008 11:39:29 AM PDT by JmyBryan
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To: Liberty Valance

I love it!!!

(But shouldn’t the little computer guys be in pajamas?)


35 posted on 04/10/2008 11:49:05 AM PDT by Grammy
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To: Hoffer Rand

Maybe they’re going to replace her with Rosie or Michail Moore. At least it’d be a more honest representation of their bias.


36 posted on 04/10/2008 11:49:30 AM PDT by glock rocks (Corporate globalists are the principal source of funding for the left.)
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To: glock rocks
Considering both of them have faces made for radio and voices made for silent movies, cbs news would lose their last 3 viewers!
37 posted on 04/10/2008 11:53:59 AM PDT by Hoffer Rand (0'bambi: the audacity of hype)
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To: JmyBryan
That’s hilarious. Congrats if you’re the author.

Yep, I am. Thanx!

38 posted on 04/10/2008 12:25:44 PM PDT by Charles Henrickson (The wag tailoring the doggerel)
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To: PJ-Comix

Karma’s a bitch.


39 posted on 04/10/2008 12:31:59 PM PDT by pabianice
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To: evad
Shades of Howard Beale

I'm mad as Hell and crazy as well

40 posted on 04/10/2008 12:41:03 PM PDT by OeOeO (maybe I didn't come over on the Mayflower, but I got here as soon as I could" Anton Cermak)
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To: PJ-Comix

In the judge’s decision, he found Rather’s claims to be false, but inaccurate. Dismissed.


41 posted on 04/10/2008 12:47:39 PM PDT by JewishRighter (Why, oh Why can't it be Hunter???)
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To: PJ-Comix

Dan Rather’s lawsuit: FAKE AND INACCURATE


42 posted on 04/10/2008 1:13:06 PM PDT by Enchante (Hillary: I brought peace to Northern Ireland, I dodged sniper bullets in Bosnia....... HUH???)
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To: no nau

“Well, this has to make him steamier than a Texas black top road after a Summer shower”

That’s a good one. How about: Hotter than me in the hot Texas sun on the 4th of July without my rag.


43 posted on 04/10/2008 1:33:13 PM PDT by unkus
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To: PJ-Comix; Buckhead; archy
In reality, this is the best thing that ever happened to Dan.

He did NOT want his career examined under a microscope.

The rest is the contract elements dispute, but what are his damages?

He was paid. What does he want, a Writ of Mandamus to require CBS to allow him to air stories?

Remember, CBS’s fallback legal position always was “Dan was a professional danger to himself and CBS. We acted in his best interest, regardless of whether not not he can admit it.”

In addition, we (CBS) had a duty to our stockholders. His Bush stories clearly had an element of fraud in them. It matters not whether DR committed the fraud or only “published” it (”published” in the legal sense, “aired” to us) without verifying and validating it, and in fact, the appointed investigators report clearly shows DR did not WANT to see any facts that cast doubt on the entire story.

This was something a Journi 101 student should have caught, and DR probably did, but he so WANTED the story to be true, he pushed it.

Black letter law. No contract can require CBS to allow him to use the network to further a further fraud! ... and that is a winning legal position that destroys Rather publicly.

44 posted on 04/10/2008 1:33:34 PM PDT by MindBender26 (Leftists stop arguing when they see your patriotism, your logic, your CAR-15 and your block of C4.)
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To: Hoffer Rand
******Couric leaving CBS*******

I have never watched her on CBS. Therefore, I don't have any reason to gloat over her leaving.

I'm going to gloat anyway—good riddance to the thrash heap.

45 posted on 04/10/2008 1:34:03 PM PDT by GOPologist ("All power tends to corrupt and absolute power corrupts absolutely--Lord Acton, 1887)
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To: OeOeO
Back when he first took over the program from “Whulter,” at DC and NY parties, he made Howard Beale look good by comparison.

He would go days without having a normal conversation with anyone but his producer, Tom Bettag.

There were nights when he was so OTW before the show that another reporter capable of “carrying” the show would be asked to “stick around for a few hours this evening,” in case Dan isn't “feeling well.”

46 posted on 04/10/2008 1:39:30 PM PDT by MindBender26 (Leftists stop arguing when they see your patriotism, your logic, your CAR-15 and your block of C4.)
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To: MindBender26
Rather is suing for breach of contract for not putting him on the air more.

His written Staff Agreement says this:

Nothing herein shall be deemed to obligate CBS to use [Rather's] services hereunder or to broadcast any program, and CBS shall have fully discharged its obligations hereunder, by payment to [Rather] of the applicable compensation set forth in paragraph 3.
Rather was paid in full.

Unless Rather can show a later or separate agreement on the same issue that modifies this language, I am baffled that the breach of contract claim was not also dismissed.

47 posted on 04/10/2008 1:50:06 PM PDT by Buckhead (making the comments buckhead won't make!)
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To: Buckhead

Actually, I am making the comments I would make. That was Mrs. B’s tagline.


48 posted on 04/10/2008 1:51:19 PM PDT by Buckhead
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To: MindBender26

What is OTW? Drunk?


49 posted on 04/10/2008 1:51:23 PM PDT by unkus
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To: unkus

or

Hotter than a five dollar pistol in a frog’s pocket.


50 posted on 04/10/2008 1:53:17 PM PDT by glock rocks (Corporate globalists are the principal source of funding for the left.)
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