Dan Rather's Wrongful Termination Suit Goes Forward

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Dan Rather's Wrongful Termination Suit Goes Forward

Thu Jan 10, 2008 @ 09:45AM PST

Posted by Eriq Gardner

Rather Dan Rather's $70 million lawsuit against CBS for wrongful termination lives another day.

Yesterday, New York Supreme Court Justice Ira Gammerman made a preliminary ruling denying CBS's motion to dismiss. The most consequential result of this decision is that the discovery process has been given a green light. In CBS's motion, the network argued that Rather's lawsuit was a vehicle to "misuse the discovery process and the power of subpoena in an effort to vindicate his own faulty reporting."

Rather was guardedly pleased with the result. "It's just the beginning," he told New York Magazine.

CBS released a statement in response to the development:

"We are very pleased that the judge is seriously considering our motion to dismiss the case, and we eagerly await his decision on that motion. In that regard, the court indicated that portions of the lawsuit may not survive our motion to dismiss. In the meantime, the court has said that discovery can begin subject to agreement on its scope by the parties, which is standard procedure in this Court. We look forward to discussing with Mr. Rather's representatives what that scope might be."

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The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to [email protected]

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