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Posts Tagged ‘Ira Gammerman’

Redstone, Thornburgh Depositions Allowed in Dan Rather Case Against CBS

Rather_9.21.jpgDuring a court hearing in Lower Manhattan this afternoon Judge Ira Gammerman allowed for the deposition of Viacom chairman Sumner Redstone and Dick Thornburgh, the former U.S. Attorney General who, with Louis Boccardi, headed up an independent panel looking into Rather’s discredited “60 Minutes II” report on George W. Bush’s National Guard service.

The judge agreed with CBS’ argument that the deposition from Redstone, who is 86, be limited to no more than half a day. The court also reserved decision on CBS’s motion to dismiss Rather’s fraud claim. A CBS spokesperson tells TVNewser, “This is the fourth attempt in two years by Mr. Rather’s lawyers to present a legal claim of fraud to the court. We are confident it, too, will be dismissed.”

While not setting a date, Judge Gammerman indicated he is moving the case toward trial.

“It is now obvious that this is far more than just a contract dispute,” says Rather’s attorney Gary Meyerhoff. “It goes to the integrity of the gathering and reporting of important national news.”

The lawyers are due back in court Dec. 22.

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Dan’s Day in Court: “A Bad Day for Black Rock”

In the case of Dan Rather vs. CBS Corp., after yesterday’s hearing, Rather called it a “good day” for his side and “a bad day for Black Rock” – referring to CBS’ corporate headquarters.

Judge Ira Gammerman ruled that Rather’s fraud charge can be restored and that his team can access documents Rather hopes will show CBS had tried to influence the outcome of a panel that investigated his “60 Minutes II” report about Pres. George W. Bush’s military service.

Jim Quinn, the lawyer representing CBS tells the NYTimes this is “a minor skirmish in a long battle” and predicted that the fraud charge would be dismissed again because “it’s frivolous.”

Rather v. CBS Has Its Day in Appellate Court

Today’s court appearance in the Dan Rather v. CBS case wrapped up late this afternoon. During the hearing, which was before the Appellate Court, arguments were heard from both sides.

CBS was appealing Judge Ira Gammerman‘s decision not to dismiss two remaining claims – Rather’s contract dispute and his fiduciary duty to the company. Gammerman had already dismissed five of Rather’s seven claims and four of the five original defendants.

Rather’s lawyers, meanwhile, were appealing Judge Gammerman’s dismissals.

Attorneys for CBS released this statement to TVNewser after the hearing: “CBS is confident that ultimately — whether through appeals, future motions for summary judgment or at trial — CBS will prevail in full.”

No rulings were made today in a case that was first filed Sept. 19, 2007.

Rather Case Back in Court Tomorrow

DRather_4.13.jpgDan Rather‘s case against CBS, now in its 19th month, is back in court tomorrow.

The most recent filings are related to the release of more internal documents in the case going back to the flawed 2004 “60 Minutes II” report on George W. Bush’s National Guard service, including those involving Josh Howard, the executive producer of the show at the time. Howard resigned from CBS in March 2005 after the results of an independent investigation into the Rather report.

The original lawsuit against CBS Corp. and Viacom was filed in Sept. 2007. Last April, Judge Ira Gammerman dismissed the core of the case leaving the contract dispute intact – whether Rather was utilized appropriately in the remaining months of his CBS career.

The hearing is set for 2pmET tomorrow. We’ll have an update when it wraps up.

Judge to Rule on Rather Case Today

Breaking: A major development in Dan Rather‘s lawsuit against his former employer, CBS, will take place today, following Rather’s amended complaint from April 22.

Judge Ira Gammerman has called a conference for 4pmET today to give his decision on CBS’ motion to dismiss the amended suit.

In early April the judge dismissed some of the issues in the lawsuit, but a $70 million claim for compensatory and punitive damages remained.