ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Wednesday, September 24, 2008

Update: Dan Rather's Breach of Contract Action

We've mentioned before that Dan Rather has sued CBS for breach of contract.  Here's an update from the Austin Business Journal:

A New York judge ruled Monday that former CBS anchor and longtime newsman Dan Rather can proceed with a $70 million lawsuit against the network for firing him, Bloomberg reports.

Rather, a native Texan who maintains a residence in downtown Austin, filed the complaint alleging breach of contract in 2007. New York Supreme Court Judge Ira Gammerman ruled in April that depositions could be taken in the case. Gammerman said on Monday that Rather can sue over claims that the network damaged his reputation when it fired him. But Gammerman said the newsman cannot sue CBS Corp. for fraud, or the one-time parent company Viacom Inc. on claims it interfered with his contract.

Rather’s attorney Martin Gold told Bloomberg: “I think the breach-of-contract claim is essentially a slam dunk, there’s no defense to that.”

James Quinn, a lawyer for CBS, told the news agency he intends to ask the judge for a pretrial ruling dismissing the remaining breach-of-contract and breach-of-fiduciary duty claims against CBS after depositions and discovery have been completed.

[Meredith R. Miller]

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