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When you sue for breach of contract, it helps if your contract was breached

A fact which former CBS News anchor Dan Rather has found out the hard way [1].

Rather sued CBS and its top executives in 2007, claiming he had been removed from his “CBS Evening News” anchor post over a report that examined President George W. Bush’s military service.

The Appellate Division of the state Supreme Court — New York’s trial-level court — said the complaint “must be dismissed in its entirety.”

The five-judge panel ruled unanimously that a lower court “erred in declining to dismiss Rather’s breach of contract claim against CBS.”

The court said there was no breach of contract, because CBS still paid Rather his $6 million annual salary after the disputed 2004 broadcast under the “pay or play” provision of his contract.

On the other hand, perhaps it helps if, when filing lawsuits, you’re not being insanely greedy. He was being paid $6 million per year to do nothing and he still wants more? Go and get a job if you want more…oh wait, he did…he’s now the anchor for cable network HDNet.

If I were him, I’d just be happy that somebody still wants to employ me at age 77.