Dan Rather Lawsuit Tossed Out, Former 'Evening News' Anchor Vows Appeal

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From TVNewser:

Breaking: The New York State Supreme Court's Appellate Division has thrown out Dan Rather's $70 million lawsuit against his former employer, CBS Corp. "We find the complaint must be dismissed in its entirety," reads the decision. The Appellate court found that the motion court "erred in denying the defendants' motion to dismiss the claims for breach of contract and breach of fiduciary duty."

Of course, unfazed, Rather (file image at right above) has vowed to appeal (h/t Hot Air):

Attorneys for Dan Rather said they plan to appeal a decision issued today by a New York appeals court dismissing Rather’s $70-million lawsuit against CBS.

“We are extremely disappointed with the Appellate Court's decision,” Martin R. Gold, Rather’s lead attorney, said in a statement. “We believe the decision is incorrect on a number of grounds and, accordingly, we intend to ask the New York Court of Appeals to review it.”

Today’s ruling was a major blow to Rather, who has personally financed the suit for the last two years, casting it as an effort to rein in the influence of corporations on news organizations.

For a full archive of NewsBusters stories about Dan Rather, check here.


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Courage

Hang in there Dan-o.

Link to the Actual Decision

The Court unanimously held that Rather ruined his own reputation

Since, according to Rather's own allegations, an immediate result of the September 8, 2004 broadcast was criticism that he was biased against Bush, it would be speculative to conclude that any action taken by CBS would have alone substantially affected his market value at that time.

Great stuff

Got any more fun nuggets?

Rather's Special Relationship with CBS

The Court ruled a job is a job, which has been the law in New York State forever.  

Rather claims that his "four-decade history" with CBS constituted a "special relationship that imposed fiduciary duties upon CBS toward [Rather]." The law in this Department, and indeed enunciated in every reported appellate-division-level case, is that employment relationships do not create fiduciary relationships. Simply put, "[the employer] did not owe plaintiff, as employee, a fiduciary duty."

Poor Danny

He still can't get over the fact that since his firing by CBS, no MSM organizations have offered him a job.

He deserves all the scorn they can heap upon him.

 

I Guess CBS is Not a Magical Place

Remember Dan's MRC Award Winning Quote:

CBS News has a culture, has a history that for those of us who work here, is very real — that we see it as a sort of magical mystical kingdom of journalistic knights — and I know I can mentally hear people rolling their eyes, that’s the way we feel."
— Ex-CBS News anchor Dan Rather on CNBC’s Topic [A] with Tina Brown, May 22. [38]

Well the appeals court just shot that one down!!!

Matthew, I hope you can work this in to the next NewsBusted

:-D

-Dave

The election of 2010 will be our last chance to save our republic. -Neal Boortz

Would Dan Rather

HAHAHAHAHAHAHAHA What a phony!!!!!!!!!!!!

Keep It going Danny boy...

Bleed-out your wealth at 700 bucks an hour..

 

State controlled health care is Tort Reform.

jerk

all the best danny boy. hahaha.......maybe Bush should sue you for being a liar.

Certainly for libel, as

Certainly for libel, as there was demonstrable malicious intent in the libelous statements made by Rather. 

"A communist is someone who reads Marx.  An anti-communist is someone who understands Marx."  Ronald Reagan

Ha, the irony of the

Ha, the irony of the liberals. Turning on one another.  Wonder if he will have an epiphany and realize how messed up his views have become.

 It's not too late, Dan!! Save yourself from the left wingers......

Government's first duty is to protect the people, not run their lives.

Ronald Reagan

Clue by four

Here's a clue-by-four: If you attempt to hijack a presidential race with fake documents and you get caught - no one cares about your "legacy". That's what he's trying to do - save some last vestige of his tattered reputation.

 

His ego is getting the better of him.  He's undoubtably surrounded by "Dan loving" folk who keep egging this "powerful and beloved" journalist on.

 

What he SHOULD do is shut up, and do some charity work for a decade before reappearing at a carefully crafted event.

 

In his mind he didn't really do anything "all that bad". 

And in his words . . .

. . . the authenticity of the documents --  which he had offered as evidence of his claim -- is irrelevent, because its the Truth that's important, and Dan knows the Truth.   In other words, in a Ratheresque Catch-22:  The documents authenticate a Truth -- namely, that Bush skipped out on his Air National Guard drills -- and that Truth does not rely on the documents to be authentic, or presumably any other hard evidence for that matter.

Sounds like retro-Pravda material.

The fact that Bush skipped

The fact that Bush skipped a number of drills is not even subject to debate.  The question is whether all of his absences were properly made up at a later time. 

Jer 

No, Jer

"The question is whether all of his absences were properly made up at a later time. "

No, Jer, you're avoiding the pertinent question altogether. The pertinent  question is whether it is appropriate for a well known and respected journalist like Dan Rather to abuse the trust the public gave him as a journalist  in an attempt to alter the results of Presidential election by publicly making allegations against a candidate shortly before an election, allegations that were made against a candidate he doesn't support.  Dan did so, in an  "investigative news" show, by claiming that Bush received "preferential treatment" while serving in TANG.  He even went as far as provide what he admits are "fake but accurate" documents to "prove" for his allgations shortly before the election. 

The majority of Americans knows this is NOT appropriate. This type of blatant use of public position for personal reasons, this blatant corruption of public trust,  may have been forgiven, or ignored, in the past, but that isn't the case any more.  The People are tired of this blatant betrayal of public trust. 

Dan has paid the price for his betrayal of public trust.  He should accept his punishment and just "move on."

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution

Unless you're a fetus.
The US Supreme Court

Cobraman...

Just because I didn't address the larger issue in my referenced comment doesn't mean I am avoiding--or have ignored in the past--the "pertinent question altogether". 

Let me put it this way:  Other than your opening sentence, I strongly agree with and endorse the remainder of your post in every single detail.

Interestly, Rather/Mapesgate could not have redounded more to the benefit of Bush and the GOP than had General Rove himself orchestrated the scandal.  It stopped any further legitimate questioning of Bush's military service in its tracks [and concomitantly removed any buffering to the attacks on Kerry's]; and further reinforced the public perception of liberal media bias.

Jer

The likes of Tom Brokaw and

The likes of Tom Brokaw and Peter Jennings circling the wagons around Dan Rather didn't dispel that perception.  Nor did Walter Cronkite's crackpot theory that Karl Rove conspired with Osama Bin Laden to produce another Bin Laden tape to spike Bush's numbers in the days leading up to the election.

"I spent a lot of money on booze, birds and fast cars. The rest I just squandered."  -George Best

"The question is"

You're right, you didn't "address the larger issue," you avoided it altogether. 

If one were to look at your previous post, as I did, one could only conclude that, to you, , the ONLY question is Bush's TANG service.  Not that it matters much as your question is irreverent.  That question has been resolved, by the People themselves.

Bush's prior service record WAS considered by the public, thanks to Dan, and the public rejected that as a legitimate concern and elected Bush to a second term. 

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution

Unless you're a fetus.
The US Supreme Court

I don't understand why you

I don't understand why you are pressing the issue, CobraMan.  I've expressed my opinion on, and pointedly condemned, Rathergate more than once at this website.  Am I required to repeat that condemnation in every single comment I ever post on the topic?

Jer

I'm pressing this because you keep alleging

I'm "pressing" this because you keep alleging that Bush received preferential treatment without offering any proof whatsoever that your allegations are true. Every time you do that, I'm gong to point out that there's NO PROOF.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution

Unless you're a fetus.
The US Supreme Court

I see, Jer

"Interestly, Rather/Mapesgate could not have redounded more to the benefit of Bush and the GOP than had General Rove himself orchestrated the scandal.  It stopped any further legitimate questioning of Bush's military service in its tracks [and concomitantly removed any buffering to the attacks on Kerry's]; and further reinforced the public perception of liberal media bias."

So by your logic, it's essentially a good and healthy thing that, from time to time, the best way for partisan hack journalists and news corporations to be checked and balanced is for them to..... wait...... lie and fabricate stories, and even better if they do it at the most politically damaging times?

We'll all be hoping for some-one/group in the MSM to fabricate something on Palin or Liz or Jindel in 2012 that could be devastatingly damaging to their POTUS run because, well, should it backfire it will be great for us. 

You are a funny cat sometimes. But no, I don't really mean that. Great soft-advocacy for corrupt journalism there.

 

Shy...

Your Olympian leaps of logic and tortured inferences are sometimes, as in this instance for example, absolutely astounding.

Jer

Jer

???

Why am I knocking myself out laying stuff out with quotes, etc., and making great cases, only to have you retort with one-liner responses? Or in the case below, a lengthy one-liner joke-fest with "opinion" thrown in everywhere.

Can you elaborate? 

It "knocked you out" to

It "knocked you out" to copy and paste a paragraph from a previous post?  Oh, and to toss out a flagrant non sequitor and call it a "great case"? 

Productive debate requires at least making a stab at a rational argument.

Jer

Jer, The pertinent

Jer,

The pertinent question is whether or not the story was true.  And since Rather and Mapes took an evidentiary and ethical short cut (and that's being incredibly kind) to nail President Bush with doctored "support" to hold their story together, it suggests they didn't have enough credible information to run with the story...and therefore, that the story could not be proven true.  Rather may have believed the story to be true, but when he relied on demonstrably fake documents as the "smoking gun" evidence to prove his case...and then, when caught trying to slide that by the viewing public, had the temerity to claim that it was Bush's obligation to disprove the story, it's easy to conclude that the story was false.  Exit question: Could/would they have run the Bush/National Guard story without the fake documents, and, if so, why didn't they? 

"I spent a lot of money on booze, birds and fast cars. The rest I just squandered."  -George Best

Actually, in reading back,

Actually, in reading back, I change my mind.  My exit question is the pertinent question.

"I spent a lot of money on booze, birds and fast cars. The rest I just squandered."  -George Best

fitz... It was

fitz...

It was journalistic fraud, pure and simple.  Not a wilfull and deliberate fraud in the sense that Rather knew he was relying upon  specious documentation, but a fraud nevertheless.

In response to your initial pertinent question, I can only state, in my opinion, there are significant elements of the story which are true and provable, parts which are credible but unverified--and perhaps unverifiable--and parts which are so speculative (or thinly sourced) that they should never have been aired as part of a "serious" newscast/investigative report. 

Regarding your exit [and more pertinent] question:  They could have run a story, but not the story with the demonstrable evidentiary gaps, which Rather/Mapes erroneously believed--and desperately wanted to believe--had been filled by the faked documentation.

Jer

If unverified, then they're not credible.

You're falling into the same trap that Dan fell into.  You're taking the credibility of Bush's "guilt," the idea that he received preferential treatment, on faith, not on actual evidence.

You BELIEVE that something is true even tho there's no evidence that it is true. You said it yourself, you believe that there are parts of this that are true, and provable, yet fail to offer any evidence AT ALL that it is true, or provable. 

Even after YEARS of people combing through the documentation, even after Bush posted his records for all to see, even after Dan Rather himself admitted that he spend 5 and a half years "investigating" this, there still is NO credible evidence that the allegations are true, but, yet, you still believe them to be true.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution

Unless you're a fetus.
The US Supreme Court

there still is NO credible

there still is NO credible evidence that the allegations are true, but, yet, you still believe them to be true.

Tell me the allegations you have in mind, and I'll tell you what I believe.

Jer

I don;t care what you believe.

Jer, you said yourself that there are "significant elements of the story which are true and provable."

Why are you asking me to provide to you what you've already claimed?  Shouldn't YOU be the one to tell us what those "elements' that you believe are "true and provable" are?

But don't bother as I don't care what you believe, I only care about what you can prove.  Since there is no proof, you're only left with your beliefs.

 The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution

Unless you're a fetus.
The US Supreme Court

You state there are

You state there are allegations which I believe.  True.  There are indeed several which have been sufficiently documented to establish their veracity to my satisfaction, and I would submit to that of any reasonable observer.  I haven't itemized the specific allegations falling within that category, but I know which I have in mind.  You presume to likewise know what I have in mind, so I was merely seeking the particulars of that presumption.

But, to slice through all of this rhetorical nonsense, isn't it enough that I agreed with your assessment, and that I condemn Rather and am glad he is gone?

Jer   

It was journalistic fraud,

It was journalistic fraud, pure and simple.  Not a wilfull and deliberate fraud in the sense that Rather knew he was relying upon  specious documentation, but a fraud nevertheless.

Jer, unfortunately, Rather's state of mind at the time of the fraud can never be proven, so it will be left for speculation whether his fraud was intentional or inadvertent.  Many of us on the right believe it establishes a pattern of bias that we always suspected existed but never had concrete evidence beforehand to prove...a bias that compromised the execution of his journalistic responsibilities.  In other words, it kind of opens up a journalistic "Pandora's Box", for if he was capable of this (at best) incompetent journalism in 2004, just how much of this shoddy work did he get away with over the years when there wasn't technology in place to keep him honest?  Did he get away with countless other examples of journalistic fraud before?  Otherwise, what possessed him to believe that he would get away with it this time?

In response to your initial pertinent question, I can only state, in my opinion, there are significant elements of the story which are true and provable, parts which are credible but unverified--and perhaps unverifiable--and parts which are so speculative (or thinly sourced) that they should never have been aired as part of a "serious" newscast/investigative report. 

Fair enough.  But do you actually believe that the story was neutralized simply because Mapes and Rather were caught?  If there was really more to the story, don't you think another news organization would have picked up the useful elements of the story and pursued the necessary proof either to save Rather's reputation or to capitalize on his failure to gain a competitive advantage for getting the story right?  I believe that if there was more to it than idle speculation based on Rather's Captain Ahab-like obsession with the Bush family, someone would have breathed new life into it, for the payoff potential was huge.

Regarding your exit [and more pertinent] question:  They could have run a story, but not the story with the demonstrable evidentiary gaps, which Rather/Mapes erroneously believed--and desperately wanted to believe--had been filled by the faked documentation.

And therein lies the problem.  The Burkett documents served as the lynchpin for the "sexier" story.  Without it, the story is largely speculation and inference absent proof.  If Rather and Mapes were really interested in getting the facts and reporting the story instead of simply submarining Bush's re-election bid, they would have waited to secure the definitive smoking gun (whatever the timing of its discovery) instead of trying to fast track a sloppy story.  In rushing to get this to air, they created the impression that the timing and effects of the "revelations" were more important than the factual substance.  If they were truly concerned about reporting the news, they could have waited as long as it took to secure the smoking gun...but timing was more important than accuracy.

"I spent a lot of money on booze, birds and fast cars. The rest I just squandered."  -George Best

fitz... Your closing

fitz...

Your closing paragraph is a compelling summation of the reasons Rather and Mapes are no longer employed by CBS.  Rather was not merely biased, he allowed his biases to infect and inform his reporting.  His ouster was overdue.

Jer

Jer

It was journalistic fraud, pure and simple.  Not a wilfull and deliberate fraud in the sense that Rather knew he was relying upon  specious documentation, but a fraud nevertheless.

Sort of wrong, again. Dan, himself, and the people he worked with, willfully and deliberately failed to do the things necessary to verify and cross-check/be-absolutely-sure about the documents they had, before running with the potentially and immensely damaging story.

You're giving Dan a pass, and it's unfortunate.

 

Shy...

A pass my ass.

Jer

Jer

Huh? How is what you wrote not a bit of a pass? It is.

You're making an absolute statement that it was not "wilfull and deliberate fraud" on Dan's part, and that he certainly "did not know he was relying upon specious documents."

That's giving him some benefit of the doubt, and relieving him of some blame. That's a pass, Jer. What am I missing?

The guy CHOSE to be sloppy and incompetent, out of a desire to pin something on Bush. It's called taking full personal responsibility.

 

Shy...

Okay...I'll amend my previous statement to read:  "...in my opinion, it was not a wilfull and deliberate fraud, because, in my opinion, it strains credulity beyond the breaking point that Rather would knowingly use forged documents to support incendiary charges against a presidential candidate--notwithstanding his animus against said candidate.  In my opinion, it is far more plausible that negligence and journalistic recklessness coupled with his ideological bias underlay his deplorable conduct." 

Better?

In any event, I hardly see how my accusing Rather of engaging in journalitic fraud and welcoming his ouster constitutes giving him a pass.

Jer

Jer

Everything here is everyone's opinion on things, but based on facts. The facts are, with Dan, that he was/is a liberal and would obviously be delighted to find something on Bush. Your opinion, based on this fact, isn't a very logical one, in my opinion.

But yeah, you gave him a pass... with your opinion. So, end of debate on that one. 

 

The facts are, with Dan,

The facts are, with Dan, that he was/is a liberal and would obviously be delighted to find something on Bush.

For godsakes Shy, if you'll actually read and think about my previous posts, you'll discover that is precisely what I said, with only slightly different wording.

But yeah, you gave him a pass.

That's an absurd statement, and you know it.  You can call the sky polka-dot green and declare the debate over.  Doesn't make it true.

Jer

Jer

The debate was over. Not quite sure why you posted again.

 

Shy...

Because I was giving you the opportunity to redeem your credibility, which had been absolutely shredded by stunningly inept extrapolations such as your assertion that my opinion of Rathergate benefitting Republicans constituted advocacy for corrupt journalism. 

How in the world are you going to launch a political career...hold that thought...maybe you're perfectly suited to be a politician.

Jer

Jer

Arg. So you're long-winded answer amounts to, "Yes, it was a pass, but I posted again becaaaauuuse......"

As for THAT part of our Dan discussion, reply in the proper place, above. 

 

Shy...

Of course not.  Your answer amounts to:  "I continue to say it was a "pass" because I am being [gulp!] intellectually dishonest."

But that would be attributing to you a capacity for insight you have thus far failed to demonstrate.

Jer

Exit answer

The answer to that exit question is No.  Dan Rather himself stated that (if I remember correctly) he and his team "investigated" this for over 5 and a half years before he received those "fake but accurate" documents. Dan didn't "run" that story nationwide, reveal those allegations,  until AFTER he received those documenst.

I don't know if Dan understand the consequence of that decision.  He told the entire country that, after a 5 and a half year "investigation," the best he could come up with was 'fake but accurate" evidence. And yet he claimed that it was CBS that ruined his reputation?

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution

Unless you're a fetus.
The US Supreme Court

Exit question, part II

The answer to your part II of your exit question is that Dan knew that his reputation was on the line. He knew that he couldn't just offer allegations with out some type of corroborating  evidence.

He wanted, he NEEDED, some type of documentation to 'prove" that the allegations were valid and not just opinions.  That's why he jumped on those documents as soon as they were offered.  That's why he, and his team, failed to properly vet those documents, or even properly question their validity.  Dan, and his team, were so sure the allegations were true that they they ignored their own standards of journalism, that of dispassionate objectivity.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution

Unless you're a fetus.
The US Supreme Court

yeah, but Danny wanted, so badly, to relive his inglorious anti-

Nixon crusades where he introduces himself at a press conference as "Dan Rather, CBS news" and have all of the other reporters clapping and literally cheering him... he's still wondering what happened to the 'good ol' days'...  

 

how dare they...

How dare those bad nasty corporations interfere in a major fake but accurate news story! Then they have the gall to fire the guy as well. Well, I mean... what's next? actually fact checking stories BEFORE they air??

What's the world coming too, I ask you??  [/sarc]

truth

we didn't believe Dan.  Appeals court doesn't believe him either/

He tried to destroy Bush's reputation and it is his that tanked.

Poor Dan...Still tilting...

at windmills, I see...

 "The problem is not that people are taxed too little...the problem is that government spends too much." ~President Ronald Reagan

Tossed Out ...Off The Subject

Senate panel defeated the public option 

JDW

DAILY WAVE

I didn't know ACORN was getting a lot of money

JDW... Priceless..wasn't

JDW...

Priceless..wasn't it?

'Doubling down on stupid is not a particularly good idea'~Breitbart

Dan... Stick a fork in

Dan...

Stick a fork in it...you're DONE!

Jeez, what does it take for a liberal to fold.

'Doubling down on stupid is not a particularly good idea'~Breitbart

Is it possible for both

Is it possible for both sides to lose?  Please?

"I spent a lot of money on booze, birds and fast cars. The rest I just squandered."  -George Best

Yes...you're witnessing

Yes...you're witnessing it.

Jer

Gee, Dan, that's uh, too

Gee, Dan, that's uh, too bad there, big guy.  Shucks.

One of the 34% who thinks George W. Bush was a great President. One of the 86% who wants to bring back the stock and pillory.

I guess Dan Blather could

I guess Dan Blather could not get "Lucy Ramirez" to testify for him.

What a dumb butt

One report I saw said he has already spent 5 Million on this lawsuit and now he intends to appeal. Many a fool would have already broken the code and cut their losses, thrown in the towel and gone off to enjoy what millions they had left. I think it speaks to the arrogance and lunacy of Dan Rather. I think he thinks too highly of himself and is perplexed that everyone else doesn't. I love it when liberals turn on each other. Not really a donniebrook but more like a hissy fit, but entertaining nonetheless.

For the moment, I love attorneys.

This is really a super way to make Dan separate himself from some of the hard earned cash he has.  I'm glad his attorney wants to appeal this, just another year or so where the story of Dan and the fake documents will be all over the place. 

After hearing that Mary Mapes knew more about this than she'd admit, just makes all this twisting in the wind more fun to watch.  

Election 2008-God's way of showing us that elections count.  

Interviewed on the

Interviewed on the courthouse steps, Rather said, "We know what the judge said, but we still believe it's a good case, a TRUE case, a right case.  And we'll stand by it."

What's the frequency, Dan? 

"Beauty is only skin deep, but liberal's to the bone." - me

What amasses me about Dan...

What amasses me the most abut this whole sordid story is the belief, by Dan Rather and others, that, somehow, the fact that Bush may (or may not) have received "preferential treatment" in the 70's while serving in TANG  would, supposedly, affect his ability to be Commander in Chief of the Military or even the President.  But one question was never asked, or the answer provided, by Dan and his supporters.  That question is: How would any "preferential treatment" in the past affect Bush's position as President? 

I mean, really, Bush was The President!.  You can't get much  better "preferential treatment" than that!

If ANYONE would be negatively affect by exposure of supposed "preferential treatment," it would be the people who GAVE that treatment, not the person who received it.  Instead of slandering Bush, Rather inadvertently slandered Bush's commanders in TANG.

Dan, you're a terrible shot!  You missed your intended target altogether and unintentionally hit others.  Those others were American soldiers.  Dan, you're guilty of friendly fire!

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution

Unless you're a fetus.
The US Supreme Court