UPDATE: NY Judge Dismisses Dan Rather's Suits Vs CBS, Moonves
08 10월 2009 - 8:26AM
Dow Jones News
A state judge has dismissed separate lawsuits by former CBS
Evening News anchor Dan Rather against his former employers after a
state appeals court threw out his case against CBS Corp. (CBS) last
month.
In orders filed Tuesday, New York State Judicial Hearing Officer
Ira Gammerman dismissed a revised fraud claim by Rather against CBS
and a separate lawsuit by Rather against Leslie Moonves, CBS
Corp.'s chief executive, and Andrew Heyward, CBS News's former
president, over his departure from the network.
"In view of the decision of the Appellate Division, First
Department, dated 9-29-09, the motion to dismiss is granted,"
Gammerman wrote.
In an unanimous decision last month, the New York State Supreme
Court's Appellate Division for the First Department ruled that
Rather's claim "must be dismissed in its entirety."
Following the decision last month, Martin R. Gold, a lawyer for
Rather, said they plan to ask the New York Court of Appeals, the
state's highest court, to review the ruling.
Gary Meyerhoff, another lawyer for Rather, said Wednesday
Gammerman's dismissal "is a procedural step that follows from the
appellate division's ruling. If the Court of Appeals reverses the
Appellate Division, the cases will be reinstated."
Rather has alleged in part that CBS violated his contract by
failing to provide him enough air time on "60 Minutes" or "60
Minutes II" after removing him as anchor of CBS Evening News in
March 2005 following controversy over a 2004 report about President
George W. Bush's service in the Texas Air National Guard.
Rather, who first joined CBS News in 1962, also claims CBS
conducted a biased investigation - instead of the independent probe
it promised - into the underlying story and its production. Rather
left the network in June 2006.
CBS declined comment on Wednesday.
-By Chad Bray, Dow Jones Newswires; 212-227-2017;
chad.bray@dowjones.com