Schadenfraude post of the day -- Dan Rather edition

As expected, an appellate court has tossed Gunga Dan's lawsuit against CBS.

A New York state appeals court on Tuesday dismissed former TV newsman Dan Rather's lawsuit against CBS Corp in which Rather claimed he was made a scapegoat in a scandal over a 2004 report on then-President George W. Bush's military record.

The ruling on Tuesday by a panel of judges of the New York State Supreme Court Appellate Division said Rather's $70 million complaint should be dismissed in its entirety and that a lower court erred in denying CBS's motion to throw out the lawsuit.

And the cherry on top:

It looks like Captain Ahab Rather threw about $5 million down the rat hole (per Drudge) trying to vindicate his "fake but accurate" reporting.

Now that Rather is free from CBS maybe he can become a PR rep for ACORN.