Dan Rather on His CBS Lawsuit: 'I Feel Pretty Good'

Dan Rather just got out of a bench conference with Judge Ira Gammerman, who's adjudicating his lawsuit against CBS. Earlier this month, you'll recall, Gammerman tossed out some parts of the suit; at today's conference, he requested to re-plead some of the counts that were dismissed. Rather said at the time, and reiterates today, that the main thrust of his case remains intact.

Meanwhile, Jim Quinn, CBS's lead outside counsel, emphasizes another outcome of the conference: Gammerman's guidelines on discovery, which, says Quinn, are narrower than Rather was hoping. "I think it was apparent that the judge is not going to allow free range discovery into everything that ever occurred on the face of the earth," he says. "He wanted to focus on the issues relating to the contract itself, which was really what the case is all about."

The discovery will also cover CBS's investigation of Rather's flawed 60 Minutes report on George Bush's National Guard service records.

Here's Rather's statement, as relayed by his lawyers:

"This suit is alive and well and moving forward. Reports of its demise seem to be wishful thinking on the part of some."
(On amending the Complaint) "I let the lawyers do their job. I'm focused on the big picture here. The facts alleged in the complaint remain, the punitive and compensatory damages remain, discovery continues and depositions are on the horizon. I feel pretty good."

"No amount of spin can undo the fact that this case is moving forward. Soon we'll have those who were in a position to know what happened with their right hands up in the air. That is when hopefully we will get the truth -- which is all I have ever wanted."

Update, 6:38 p.m.: More statements! Here's CBS's:

We are gratified that the judge has significantly limited the scope of discovery to matters still pending before the court. We are also pleased the court affirmed its dismissal of the fraud claim. We will contest any attempts by Mr. Rather to recast this claim, and we are confident that we will prevail.

And here's one from Rather's lawyer, Martin Gold:

The Court's rulings today make clear that Mr. Rather's lawsuit following the Court's April 10 opinion is not just a "garden variety contract claim," as CBS previously announced. The Court has allowed discovery to proceed with respect to Mr. Rather's allegations about deficiencies in the Thornburgh Panel's investigation of the Bush Air National Guard broadcast, including depositions of the two panelists, Louis Boccardi and Richard Thornburgh, as well as witnesses interviewed by the Panel.
The Court also has allowed discovery to proceed regarding all aspects of the contract dispute, including CBS's treatment of Mr. Rather after the Bush Air National Guard broadcast.

The Court further indicated it would entertain Mr. Rather's submission of an Amended Complaint to replead the legal claims that were dismissed in the opinion issued April 10.