CBS Offers Dan Rather a Lesson in Torts

Posted by Eriq Gardner

CBS's lawyers surely know how to thumb their noses at Dan Rather, calling the former "CBS Evening News" anchor's $70 million lawsuit "far-fetched," an attempt "to settle old scores and perceived slights," with allegations that "bear no resemblance to reality."

In the network's 25-page motion to dismiss, filed yesterday in New York Supreme Court, the network also says that Rather may have had a proper claim — but blew it.

"All of Rather's causes of action are thinly-disguised claims for defamation, and are time-barred by the applicable one-year statute of limitations," the lawyers write. "If ever there were a case that cries out for dismissal at the pleading stage, this case is it."

Rather is probably wise not to let his former employer's harsh words get to him. After radio host Don Imus drew up a $120 million lawsuit for wrongful termination against CBS, the network released a statement that Imus' proposed lawsuit held no merit: "Based on the comments in question and relevant contract terms, we believe that the termination was appropriate and CBS would expect to prevail in any attempt by Mr. Imus to recover money for his actions."

Which didn't stop the network from getting on the phone with Imus' lawyers within weeks to negotiate a settlement.

This time, CBS may indeed test to see whether a judge throws the case out on the merits, but the network might have little tolerance to let Rather have the chance, as yesterday's motion puts it, to "misuse the discovery process and the power of subpeona in an effort to vindicate his own faulty reporting."