Dan Rather lawsuit against CBS goes forward

[Yellowdogtexan]

Dan Rather is suing CBS for shabby treatment. CBS tried to get the case dismissed and judged ruled that the case can go forward.http://www.huffingtonpost.com/2008/03/18/oh-its-on-dan_n_92025.htmlThere's been some more movement in the matter of Dan Rather's lawsuit against CBS, after yesterday presiding judge Justice Ira Gammerman of the New York Supreme Court in Manhattan re-affirmed January's preliminary ruling against CBS on their motion to dismiss. Here's a statement issued last night by Gary Meyerhoff, an attorney at Sonnenschein, Nath & Rosenthal representing Rather: "Today, Judge Gammerman re-affirmed that Mr. Rather's lawsuit will not be dismissed, that he expects to issue a written opinion on defendants' motion to dismiss within the next few weeks, and that, accordingly, discovery will proceed. The Judge also heard brief argument on certain document disputes. Mr. Rather's counsel challenged CBS' assertion that certain of its communications with investigator Eric Rigler were privileged; CBS defended its position, and Judge Gammerman requested that the documents be delivered to the Court for its review. Mr. Rather's counsel also requested that defendants identify the names of employees whose documents were searched in response to Mr. Rather's requests and, after brief argument, the defendants agreed to do so. Defendants' counsel demanded to know when Mr. Rather would begin producing documents they had requested, and Mr. Rather's counsel responded that production would begin next week."What does this mean? Well, it means that the case is definitely going forward, and the judge's written ruling will shortly be explaining why, count by count. The defendants moved to dismiss each legal claim in the 32-page complaint, and the opinion will lay out which claims will be going forward (presumably most of them but not necessarily all).

As for the documents under dispute, a quickie lesson in attorney-client privilege: "Privilege" exists in law to keep certain documents from being admissable in lawsuits. It's a pretty slim category, and tough to make a case for, as Judy Miller has discovered. In the case of attorney-client privilege, however, the idea is to encourage full and honest communications between lawyer and client, so those communications are protected so clients can speak to their counsel without fear of reprisal. Of course, knowing that protection exists means that there is an envelope to be pushed, and that's why the legal department of many a company is cc'd on pretty much everything, just in case. Thus it becomes the job of the court to figure out what really IS privileged information between the client — in this case CBS — and their lawyers. So here, the question is whether the communications with the investigator, Eric Rigler, were legitimately privileged communications. That's about the most I can simplify it; from here it gets complicated as the case is made on either side. According to a representative from the Rather team, it may require the submission of separate legal briefs to Judge Gammerman on this point. All of which is critical to the production of documents for discovery — which, as Dan Rather has said in the past, is what he's really looking forward to (and, as we've said in the past, CBS obviously doesn't want).

Recall that CBS' original motion to dismiss called the allegations "baseless" and "bizarre" and said the lawsuit was "wholly without merit." It also argued that the suit was a "thinly-disguised" defamation suit and as such was time-barred due to statutes of limitations. Obviously Judge Gammerman thought differently.This case will be fun to watch

[Ringo]

Dan Rather is suing CBS for shabby treatment. CBS tried to get the case dismissed and judged ruled that the case can go forward.http://www.huffingtonpost.com/2008/03/18/oh-its-on-dan_n_92025.htmlThis case will be fun to watch

Suing for SHABBY treatment?? That is inflamatory, unproven, as we all know Rather is a LIAR, BUT that is an OPINION to lead off the POST so therefore should be moved!

Let us see the fairness of Doggie, who should NOT be a MOD, he is unqualified and ignorant!!!!

Rather is the most Liberal JERK and LYING asshole I have ever seen, as he lied about Election 2000, he lied about Bush, he is a fucking BUM, but a great LIBERAL suck boy!!!:sheep:nerd:sheep

[Matt]

I am pleased to see that Rather's case is moving forward.
The brilliant law scholar, Ringer, is trying to make this thread inflammatory so it will be listed in two places.
Wouldn't it be nice to see him make a post that had more than accusations and labels that haven't held up anywhere? :boring

[toxic]

Rather pay be selfcentered, but is not a liar. While I was at Motley Fool we dissected all of the arguments against his piece and I found support for his program.

The old lady secretary was WRONG about the typewriter keys available to her. I found documents that Bush released for the same time period that had the exact same speciality key fundtions (st, rd, th,...).

Rather got screwed. I presume that his team has the same information that I found.

I have no idea why CBS didn't stick to their story.

[Yellowdogtexan]

Suing for SHABBY treatment?? That is inflamatory, unproven, as we all know Rather is a LIAR, ...Ringo, I rubbed your nose in the facts about the bush national guard service story before but you were evidently too dumb to remember. Once again, the CBS story about bush was true and has been confirmed by other sources. http://www.cnn.com/2004/ALLPOLITICS/09/15/guard.memos.congress/index.html But Marian Carr Knox, a former Texas Air National Guard secretary, said she did type similar documents for her boss, Lt. Col. Jerry Killian.

"I know that I didn't type them. However, the information in those is correct," Knox told CBS anchor Dan Rather.

Knox, 86, had previously told the same story to the Dallas Morning News in a report that was published Wednesday morning.

The newspaper said Knox "spoke with precise recollection about dates, people and events."

She told the Morning News, "I remember very vividly when Bush was there and all the yak-yak that was going on about it."

In the memos, the author complained he was being pressured to "sugar coat" the future president's performance evaluations and that Bush failed to meet performance standards, including getting a required physical exam.

The author also wrote that Bush -- whose father was a Texas congressman at the time -- was "talking to someone upstairs" to get permission to transfer to the Alabama National Guard to work on a Senate campaign.
In addition, Ms Knox is not the only person who confirmed the acccuracy of the contents of these memos. http://mediamatters.org/items/200409150007three firsthand witnesses who doubt the authenticity of the memos have also confirmed that the content of the memos is accurate. As the media has seized on the forgery angle, this aspect of the story has received little attention, even though it adds to voluminous evidence indicating that Bush did not properly fulfill his Guard duty.

Regardless of authenticity, three witnesses confirm content of memos ...The Dallas Morning News reported on September 15 that Marian Carr Knox, former secretary for Lieutenant Colonel Jerry Killian, purported author of the memos, said that although she did not recall typing the memos reported by CBS News, they accurately reflect the viewpoints of Killian and documents that would have been in the personal file. Knox told The Morning News: "The information in here was correct, but it was picked up from the real ones. ... I probably typed the information and somebody picked up the information some way or another."

Colonel Bobby W. Hodges, Killian's superior officer, has also confirmed that the content of the memos reflects Killian's true sentiments. CBS cited Hodges in its initial defense (video links: MPEG-4, Windows Media) of the documents on September 10, but as The New York Times reported, Hodges changed his opinion because "network producers had never showed him the documents but had only read them to him over the phone." Once Hodges saw the actual documents, he judged them to be forgeries. "I thought they were handwritten notes," Hodges told the Times. But the same article made clear that Hodges confirmed the accuracy of the contents of the memos:He [Hodges] said he had not authenticated the documents for CBS News but had confirmed that they reflected issues he and Colonel Killian had discussed -- namely Mr. Bush's failure to appear for a physical, which military records released previously by the White House show, led to a suspension from flying. Richard Via, another former Texas National Guard officer, told USA Today that "the documents were fakes but that their content reflected questions about Bush that were discussed at the time in the hangar at Ellington Air Force Base, where he had a desk next to Killian's."Bottom line is that your claim that the Rather story was false has been shown to be WRONG. The fact that this story was actually true is indeed relevant to Rather's lawsuit against CBS.

[Matt]

Go Dan!
Get that liberal network.
How dare they treat you like you were working for Fox!

[Wabash]

Suing for SHABBY treatment?? That is inflamatory, unproven, as we all know Rather is a LIAR, BUT that is an OPINION to lead off the POST so therefore should be moved!

Let us see the fairness of Doggie, who should NOT be a MOD, he is unqualified and ignorant!!!!

Rather is the most Liberal JERK and LYING asshole I have ever seen, as he lied about Election 2000, he lied about Bush, he is a fucking BUM, but a great LIBERAL suck boy!!!:sheep:nerd:sheep
Amen to that...

I am pleased to see that Rather's case is moving forward.
The brilliant law scholar, Ringer, is trying to make this thread inflammatory so it will be listed in two places.
Wouldn't it be nice to see him make a post that had more than accusations and labels that haven't held up anywhere? :boring
This thread has nothing to do with National Politics, it is in the wrong place and needs to go down below...just like you do with mine all the time...OPs don't go here...

[Yellowdogtexan]

This thread has nothing to do with National Politics, it is in the wrong place and needs to go down below...just like you do with mine all the time...OPs don't go here...Wrong. The issue of the lies told to send us to war in Iraq and used to re-elect bush are indeed relevant. The media gave bush a free pass on many of his lies and did not stand up to bush on the original Dan Rather story on bush's fake national guard service. Rather is suing to bring these facts out and that means that Rather's lawsuit is indeed news worthy and relevant to political issues.

[Wabash]

Wrong. The issue of the lies told to send us to war in Iraq and used to re-elect bush are indeed relevant. The media gave bush a free pass on many of his lies and did not stand up to bush on the original Dan Rather story on bush's fake national guard service. Rather is suing to bring these facts out and that means that Rather's lawsuit is indeed news worthy and relevant to political issues.

It's NOT relevant until the Court Rules on it...Right now, it's merely allegations by Rather and his atty.

It's an OP...Move the damn Thread!!!!

[Wabash]

Mods...MOVE THIS THREAD!!!

[BartonX]

This is an outrage!!! This thred should be moved it is incendiary, vicious, malignant and posted by what appears to be a dumbass! Boo Hiss Boo

[BartonX]

FOUL....FOUL I CRY FOUL! tHIS RIOTUS AND CONTEMPTABLE POST MUST BE MOVED TO AN UNMODERATED PIT. IT IS NOT FIT FOR HUMAN VIEWING!!!

[AYFR]

Actually according to this.

If you want to post OPs that is fine, but please put them in unmoderated threads,thanks


It does need to be moved and I am moving it.

[Wabash]

Actually according to this.




It does need to be moved and I am moving it.

Thank You!

[BartonX]

Well??? Hurry up we don't have all day!!!

[AYFR]

Kinda slow are we BartonX, It was moved the instant I said it would be.

[BartonX]

Kinda slow are we BartonX, It was moved the instant I said it would be.

Well as much as I hate to admit it you did something right for a change.

[Wabash]

Kinda slow are we BartonX, It was moved the instant I said it would be.

It is appreciated...thanks again....

[AYFR]

Well as much as I hate to admit it you did something right for a change.

Irregardless what you think BartonX. I am not biased in my moderating.
Political affiliation and personal issues make no difference to me when it come to doing my Mod duties.

[Ringo]

Actually according to this.




It does need to be moved and I am moving it.

Poor Doggie, he will now have to take me on VIA Appeal, as I am sure he does most of his Divorce and Will Reading cases, the firm allows him to mess up???

Is that Inflamatory? Matt your a teacher, and even though you LOVE me dearly, you can insult me if you wish, and then we will Mud Wrestle OK???

The Rev has the Hammer and he applies it when needed!!!:rev:thumbsup

[Matt]

Thanks to all of the screaming we can now access this from two venues. :D
More will be able to keep up with Dan's case.