California Employment Lawyers Blog

In a previous blog, our California Employment Lawyers reported on the high profile two-year Dan Rather employment lawsuit--in which Dan Rather, former CBS Evening News anchor, accused CBS network of breach of contract, fraud, breach of fiduciary duty, and ruining his reputation, after spending 44 years as an employee of CBS. The case was dismissed in September of last year, in the Appellate Division of the New York State Supreme Court, and Rather made plans to appeal.

Yesterday, New York's highest court denied Rather's request for an appeal, declining to hear the former CBS Anchor's motion to reinstate the $70 million lawsuit--leaving the dismissal of the case by the Manhattan appeals court from September intact, and marking a seeming end to the embittered and costly legal battle.

In the lawsuit, Rather claimed that CBS had breached his contract by not giving him enough broadcast time, after he was removed from news anchor in March 2005. Rather alleged that CBS set him up be the scapegoat for the controversial 60 Minutes broadcast from 2004, in which President George W. Bush's Vietnam War service the Texas Air National Guard questioned.

After the broadcast, Rather and CBS received criticism for the story, especially from conservative partisans who claimed that Rather was trying influence the presidential race from 2004. The authenticity of the documents was questioned, CBS conducted an internal investigation, and determined that the story was inaccurate. Rather was forced to apologize for the journalistic errors. The episode was called "Rathergate," by the media, and according to Rather the experience cost him substantial financial loss, as well as damage to his reputation. Bush won his second term as President of the United States two months later.

According to the Los Angeles Times, Rather's decision to sue CBS in 2007 caused strain in his professional relationships, and he received journalistic criticism for trying to pass blame for the inaccuracy of the 60 Minutes broadcast that had not been fully researched. Rather clams to have made a career out of fighting for journalistic freedom, and this case has represented a mission to take on the political and business interests that he believes are influencing news organizations.

Continue reading " Rather's Request for an Appeal Rejected by NY York State Supreme Court" »

As California Labor and Employment Lawyers, we have been following television news anchor Dan Rather's high profile two-year employment lawsuit--dismissed yesterday in the Appellate Division of the New York State Supreme Court.

The ruling, handed down by a five-judge panel, dismissed Rather's claims against CBS network for breach of contract, fraud, breach of fiduciary duty, and ruining his reputation. Rather claimed that CBS forced him take the fall for the controversial 2004-news story profiling George W. Bush's participation in the Texas Air National Guard during the Vietnam War. The judge dismissed Dan Rather's $70 million lawsuit, claiming it had no merit.

Rather filed the lawsuit in the state Supreme Court in Manhattan in 2007, claiming that CBS intentionally mishandled the aftermath of the 2004 broadcast. Rather narrated the news story, accusing President George W. Bush of relying on high political influence to dodge responsibilities during his service in the Texas Air National Guard. The broadcast incorporated copies of documents by Bush's commanding officer, supporting aspects of the story.

Rather received harsh criticism from conservative partisans following the broadcast, accusing him of trying to influence the 2004 presidential race. Critics questioned the authenticity of the documents, and CBS conducted an independent investigation into the production. CBS determined that the story was inaccurate, and fired the producer and Rather, forcing Rather to apologize for the alleged journalistic errors. According to the lawsuit, Rather was used as a "scapegoat" and shoved into the spotlight by CBS, making him take the fall professionally to "pacify" the White House--costing him significant financial loss and damage to his reputation. As a result the media called the episode, "Rathergate."

Rather stepped down from the Evening News in May 2005, continuing to report for 60 Minutes until his job was permanently terminated in June 2006. Rather claimed in the suit that CBS "warehoused" him during this time, and failed to properly compensate him for the final 15 months when he could have sought other employment. The appeals panel cited the CBS "pay or play" provision in the ruling--claiming that although Rather was not used as frequently in his final 15 months, CBS did not violate the terms of Rather's contract, because they continued to pay him "applicable compensation." Rather's annual CBS salary of approximately $6 million was paid until June 2006.

Continue reading "Dan Rather's $70 Million Breach of Contract Lawsuit Dismissed--Court Rules in Favor of CBS" »