Dan Rather's lawsuit against CBS has been tossed in its entirety, the New York Observer's Felix Gillette reports.
Just last week, New York State Supreme Court Justice Ira Gammerman ruled that the case could proceed, and indicated that Sumner Redstone may have to testify.
Tuesday, however, an appellate division of the court threw the case out entirely.
The Observer quotes from the decision:
"For the reasons set forth below, this Court finds that the motion court erred in denying the defendants' motion to dismiss the claims for breach of contract and breach of fiduciary duty, and therefore we find the complaint must be dismissed in its entirety," reads today's decision.
"At the outset, we find that Supreme Court erred in declining to dismiss Rather's breach of contract claim against CBS," the court added. "Rather's cause of action for breach of fiduciary duty must also be dismissed."
Rather claims he was wrongfully dismissed from the network over his controversial report about President Bush's service in the National Guard.
Rather's lead attorney, Martin Gold of Sonnenschein Nath & Rosenthal LLP, released a statement indicating that he plans to appeal the dismissal:
Read more at: http://www.huffingtonpost.com/2009/09/29/dan-rather-lawsuit-agains_n_303134.html
Dan Rather Lawsuit Dismissal -
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