CBS Asks Judge to Dismiss Rather's Lawsuit Against Network, Says He Waited Too Long to File It

[kpete]

CBS moves to dismiss Rather's lawsuit

CBS Asks Judge to Dismiss Rather's Lawsuit Against Network, Says He Waited Too Long to File It

SAMUEL MAULL
AP News

Nov 15, 2007 20:26 EST

CBS asked a judge Thursday to dismiss a $70 million defamation lawsuit that veteran television newsman Dan Rather filed against the network and its parent company, arguing that he waited too long to take legal action.

The former anchor's lawsuit claims his bosses made him a "scapegoat" for the controversy that arose over a disputed story about President Bush's military service.

CBS' motion argues the lawsuit should be dismissed because it was filed in September, more than two years after he was removed from his "CBS Evening News" post.

All of the claims in Rather's lawsuit against the network and Viacom Inc. "are barred by New York's one-year-statute of limitations for defamation," CBS said in a 30-page reply motion filed in Manhattan's state Supreme Court.

more at:
http://www.rawstory.com/news/mochila/CBS_moves_to_dismiss_Rather_s_lawsu_11152007.html

[Clark2008]

1. Unfortunately, that is probably accurate.

Most all civil suits fall under a one-year statute of limitations unless the Plantiff can prove that the actions of the Defendent were on-going beyond that time frame.

[H2O Man]

2. Different states have

different rules. Most have different timelines for things such as recovering real estate; enforcing written contracts; oral contracts; personal injury; and for libel, slander, and professional malpractice. The last group tends to have the year. It will be interesting to see how Rather's side deals with that.

[DemReadingDU]

3. afternoon kick