Judge Won't Toss Rather's $70M CBS Suit
News anchor's lawyer says case is "slam dunk"
By Newser Editors and Wire Services
Posted Sep 23, 2008 11:00 AM CDT
Former CBS news anchor Dan Rather gestures during an interview on the Fox News Channel in this June 12, 2007 file photo. A judge said Wednesday that he was leaning toward allowing Rather's $70 million...   (AP Photo/Seth Wenig, file)
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(Newser) – A New York judge yesterday allowed news anchor Dan Rather to proceed with his $70 million lawsuit accusing CBS of breach of contract over his dismissal. The judge also let Rather's breach of fiduciary duty complaint against CBS continue. But he threw out two other claims, a fraud complaint against CBS and a business interference complaint against CBS and former parent company Viacom.

Rather had asserted that CBS and Viacom fired him in order to "curry favor with the White house,'' Bloomberg reports. CBS lawyer James Quinn says Rather can't prove breach of contract because the network assigned him to 60 Minutes II as required and paid him what it owed him. But a Rather lawyer says proving breach of contract will be "a slam dunk."