RATHER'S LAWSUIT AGAINST CBS TOSSED OUT

Dan Rather has lost his lawsuit against CBS. A New York appeals court today (Tuesday) dismissed the former anchorman's lawsuit, which claimed the network had commissioned a biased investigation of his report about former President Bush's National Guard service during the Vietnam War in order to appease the administration. The appeals court ruled that New York Supreme Court Justice Ira Gammerman "erred in denying the defendants' motion to dismiss the claims for breach of contract and breach of fiduciary duty, and therefore we find the complaint must be dismissed in its entirety." At the same time the appeals court denied Rather's request that five of seven claims that Gammerman had dismissed be reinstated.

ANOTHER TRAUMATIC NIGHT FOR NBC

NBC suffered another blow to its new-season lineup Monday night when its much publicized Trauma made its series debut with a fourth-place 4.3 rating and a 7 share. Perhaps of even greater concern, the Jay Leno Show, which saw its ratings nosedive last Monday night, saw them spiral farther downward this week with a 3.9 rating and a 6 share -- representing an audience that was significantly smaller than the one Leno used to average when he hosted the Tonight show. ABC won the night, mostly due to a solid two-hour edition of Dancing With the Stars. CBS placed second, thanks to strong performances by Two and a Half Men, The Big Bang Theory, and CSI: Miami.

MORE PEOPLE WATCHING TV ONLINE

The number of people watching videos online continues to soar, according to a new study of August video viewing from comScore Video Metrix Service. The study indicated that a record 161 million Internet users in the U.S. watched online video during the month and that the average person spent 10 hours during the month doing so. Altogether some 25 billion videos were viewed during the month, another record. The top video site was Google's YouTube, which claimed more than 39 percent of the total. Hulu, however, dropped from second place to fourth, with 1.9 percent of the total. It was outpaced by Microsoft with 2.2 percent of the total and Viacom Digital with 2.1 percent. Fox Interactive rounded out the top five with 1.5 percent of the total.

NOW: THE NEWS IN YOUR POCKET

CNN launched a new iPhone/iPod Touch "app" today (Tuesday) that will give users the ability to stay in touch with news events wherever they can connect to the Internet. The news application, available via the Apple Store for $1.99, is customizable so that users can easily access their favorite topics. "There is a level of personalization and customization you can't even get on CNN.com," K.C. Estenson, general manager and senior vice president of CNN.com, said. Users will also be able to download news clips onto the iPhone for viewing in areas where no cellphone or wi-fi service exists -- like airplanes or subways, CNN said.

TELEMUNDO CLAIMS IT'S THE FASTEST GROWING TV NETWORK

While most broadcast networks have been shedding viewers in recent years, Spanish-language broadcaster Telemundo claims it has been gaining them. Telemundo, which is owned by NBC -- ironically, the network which has lost the greatest number of viewers over the past year -- put out a news release on Monday announcing that it was the "Fastest-Growing Major Broadcast Network Regardless of Language for the 2008-2009 Television Season." The release claimed that Telemundo's growth came among overall viewers and in the key demographic groups, Adults 18-49 (up 17 percent) and Adults 18-34 (up 22 percent). Nevertheless, its total audience was minuscule, compared with the English-language networks and even its chief Spanish-language rival, Univision.

O'BRIEN JOKES ABOUT ACCIDENT THAT SHUT DOWN TONIGHT

Conan O'Brien returned to the Tonight show Monday after Friday's taping was halted when he slipped and hit his head during an on-camera footrace with Teri Hatcher. Videotape of the incident was shown on Monday's telecast. O'Brien said that he had wanted to continue the taping until he looked at his cue cards for an interview with Seth MacFarlane. "It was like a menu for an Egyptian restaurant," he quipped. Later, he said, while undergoing a neurological evaluation at a nearby hospital, "I really started to come back ... and then one of the neurological questions was, 'How many nickels in $1.35?' I've never known that!"