Judge Won't Dismiss Rather's CBS Lawsuit

The law has spoken: Dan Rather's $70 million lawsuit against CBS will get a hearing in court. Justice Ira Gammerman ruled today on a motion by CBS to dismiss the complaint. The response from Rather's attorney, Martin Gold:

CBS has again failed to win dismissal of Mr. Rather's $70 million lawsuit. Justice Gammerman held that all of the allegations of CBS' misconduct remain in the case. Mr. Rather can proceed with his breach of contract and breach of fiduciary duty claims, and may seek both compensatory and punitive damages. The Court ordered that all discovery must proceed, and made clear that Mr. Rather's claims will be heard by a jury.

But it didn't all go Rather's way, to judge from CBS's statement (via TVNewser):

We are extremely gratified that the court has now dismissed the vast majority of Mr. Rather's claims, including the fraud and tortious interference with contract claims, all claims against the individual defendants, as well as all the claims against new Viacom. We expect, once we complete the discovery process, that the only two claims that remain in the case -- breach of contract and breach of fiduciary duty -- will also be dismissed.