CBS asks wants judge to dismiss Rather's suit

NEW YORK -- CBS has asked a judge to throw out a $70 million lawsuit filed by former news anchor Dan Rather, arguing that Rather's claims of unfair treatment "bear no resemblance to reality" and were not filed on time.

In September, Rather sued CBS, Chief Executive Leslie Moonves, Viacom Inc, Viacom Chief Executive Sumner Redstone and Andrew Heyward, former head of CBS News, claiming he had been made a scapegoat to "pacify the White House."

CBS was part of Viacom until the two firms split in 2006.

The lawsuit also said CBS violated Rather's contract by depriving him of air time and had cost him "significant financial loss and seriously damaged his reputation."

The network countered in papers filed at New York State Court Thursday that all of Rather's claims "are time-barred by the applicable one-year statute of limitations" because Rather's departure from CBS came in June 2006.

"This lawsuit is a regrettable attempt by plaintiff Dan Rather to remain in the public eye and to settle old scores and perceived slights, based on an array of far-fetched allegations regarding actions taken by CBS," the network said.

The network also said that "CBS did not breach any obligations to Rather."

"CBS and its executives are not now, and never have been, out to get Dan Rather," it said.

Rather was removed as anchor of the "CBS Evening News" after 24 years in March 2005 after a scandal over a September 8, 2004, report on President Bush's military record using documents that CBS later acknowledged could not be authenticated. CBS aired the report two months before the presidential election pitting Bush against Democratic challenger John Kerry.

Rather kept reporting for the weekly news program "60 Minutes," but was dumped by CBS in June 2006 after 44 years with the network. He said they offered him no assignments.

"Central to defendants' plan to pacify the White House was to offer Mr. Rather as the public face of the story and as a scapegoat for CBS management's bungling of the entire episode," Rather's lawsuit said.

"CBS management coerced Mr. Rather into publicly apologizing and taking personal blame for alleged journalistic errors in the broadcast," it said. "Mr. Rather was not responsible for any such errors."

Rather now produces and hourlong news program, "Dan Rather Reports," for cable channel HDNet -- available only those with high-definition television sets.