But Justice Ira Gammerman allowed Rather to proceed with his claims that CBS broke the terms of his contract and breached its fiduciary duty by sidelining him in the wake of a controversial story about President Bush's service in the Texas Air National Guard.
The ruling "allows us to prove everything we need to prove to a jury," said Martin Gold, Rather's lead attorney. "I think the breach-of-contract claim is essentially a slam-dunk."
Dan Rather
A judge is allowing Rather's suit against CBS to continue, but he dismissed Rather's claims the network committed fraud and unlawfully interfered with his contract:
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