Update: Dan Rather's lawyer, Martin R. Gold, writes that only four of seven claims in the suit have in fact been tossed out. Gold dismisses CBS counsel Jim Quinn's claim that "The core of the allegations of fraud and fair dealing have been thrown out. What's left is a garden variety contract dispute":
"Although not every legal theory of the case survives, as a result of the decision, the Court has permitted discovery and a trial of all of the factual issues that form the basis of Mr. Rather's lawsuit, including his $70 million claim for compensatory and punitive damages. The defendants' statement that all that is left is a 'garden variety contract dispute' is simply inaccurate."