The flaw in CBC which the recent BEAST attack exploits occurs when the attacker can choose part of the encrypted message while knowing the IV which will be used. In the case of SSL/TLS, data is split into successive records, each record being "a message" in its own right. The attacker produces some data, observes the corresponding record, and knows that the last block of that record will be used as IV for the next record.
The issue does not occur if each "message" is encrypted with a newly generated IV, such that the IV generation process is unpredictable by the attacker. This is what newer versions of TLS do (beginning with TLS 1.1), and they are quite happy with CBC, which is no deader than Disco.