According to Media Bistro, the only claims that survived motion to dismiss were the contract claims. Everything else was dismissed on a motion for summary judgment.
VNewser has learned most of issues of the lawsuit have been dismissed. What remains is the contract dispute: whether Rather was utilized appropriately in the remaining months of his deal as a correspondent on 60 Minutes. Jim Quinn, lead counsel for CBS tells TVNewser, "We're thrilled with the results. The core of the allegations of fraud and fair dealing have been thrown out. What's left is a garden variety contract dispute."If that's confirmed, then in other words, even with the evidence proffered thus far by Rather and taken in the light most favorable to him, he didn't meet the evidenciary requirements to maintain the case.
In the meantime, the contract dispute part of the case continues, perhaps for the next several months. "At the end of discovery, we'll move again for a summary judgment" to dismiss, says Quinn.
Other wire services are making note of the case, reporting that the case will go forward, but the cases against three of CBS executives was dismissed.
A Manhattan judge has allowed Dan Rather's $70 million lawsuit against CBS Corp. and Viacom Inc. to go forward but has dismissed portions that named 3 of the companies' executives.I'm sure Rather couldn't wait to get the frequency on the legal truck that ran him over.
Judicial Hearing Officer Ira Gammerman on Thursday struck down the parts of the suit that name Viacom Chairman Sumner Redstone, CBS President Leslie Moonves and former CBS News President Andrew Heyward.
Rather's last months at CBS were clouded by a disputed story on President Bush's Vietnam-era military service. The Texan says his employers made him a "scapegoat" to placate the White House after questions arose about the story.
A lawyer for all of the defendants, James Quinn, says: "We are very pleased with this. The rest is what we consider a garden variety contract dispute."
Labels: law, Rathergate