Dan Rather Suit Dismissed

71420915 Dan Rather Suit DismissedSumner Redstone won’t have to explain after all.

Just a week after a State Supreme Court Justice ruled that Dan Rather’s attorneys could depose Viacom chief Sumner Redstone, an appellate division has thrown out the entirety of Mr. Rather’s $70 million suit against CBS.

“Rather’s claim that, but for CBS’ fraud, he could have had more remunerative employment than that which he ultimately obtained at HDNet is unavailing,” the court wrote.

Mr. Rather filed the suit two years ago, seeking a large sum–but also vindication–after CBS allegedly squeezed him out, in the wake of an erroneous 2004 report on President Bush’s military service. Mr. Rather’s attorneys claimed CBS made him a scapegoat for the Bush report, and claimed Mr. Redstone had maneuvered against him in order to curry favor with the Bush administration.

As Felix Gillette reports, the decision would appear to spare CBS an embarrassing public trial.

Relatedly, Mr. Rather’s attorneys have already said they will appeal.