Dan Rather, CBS Face Off in Appeals Court

The case of Dan Rather v. CBS made its appellate-court debut this afternoon, with Rather's lawyers seeking to overturn the earlier dismissal by New York Supreme Court judge Ira Gammerman of several claims including fraud and tortious interference, and CBS's attorneys hoping to win dismissal of those claims Gammerman allowed to stand, including breach of contract.

Although a ruling isn't expected for a few weeks, both sides issued statements after the hearing. This is from Rather's lead attorney, Martin Gold (although I suspect the phrase "a hot bench" bears Rather's personal authorship):

Today the Appellate Division of the New York Supreme Court heard legal arguments from the parties' attorneys regarding the sufficiency of the claims in Mr. Rather's compliant [sic]. The Court, a panel of five justices, was lively -- a hot bench -- posing tough questions to both sides and focusing on the breach of contract, fraud, and breach of fiduciary duty claims. It is never easy to tell how an appellate court will rule. We look forward to the Court's opinion.

And from CBS:

Today the Appellate Division, First Department, heard oral argument on the partial dismissal of Dan Rather's complaint against CBS. In two earlier decisions of the trial court, Judge Gammerman dismissed five of Mr. Rather's seven claims and four of the five original defendants. CBS argued today that the case should have been dismissed in full because the two remaining claims for breach of contract and breach of fiduciary duty are without merit. Mr. Rather argued that some of the already dismissed claims should be revived.

CBS is confident that ultimately -- whether through appeals, future motions for summary judgment or at trial -- CBS will prevail in full.