Judge restores Dan Rather suit against CBS

LOS ANGELES (Hollywood Reporter) - A New York judge who previously dismissed Dan Rather's $70 million lawsuit against CBS and Viacom has restored the claim.

Rather sued CBS and its former parent two years ago, alleging he was made a scapegoat in a scandal over his reporting of a story in 2004 that was critical of President George W. Bush's service in the Texas Air National Guard during the Vietnam War.

Rather eventually was removed as anchor of "CBS Evening News" and claimed in his suit that CBS breached his contract by not giving him enough on-air assignments. But New York State Supreme Court Judge Ira Gammerman dismissed the suit because of technical errors.

Gammerman on Tuesday allowed Rather to refile, ruling that the lawsuit -- which also names Viacom chairman Sumner Redstone, CBS president and CEO Leslie Moonves and former CBS News president Andrew Heyward -- can move forward.

CBS said it would appeal the ruling.

"Most of Mr. Rather's claims already have been rejected by the court, and that has not changed," CBS said. "We are similarly confident that Mr. Rather's re-pleaded fraud claim will be dismissed once the court reaches the actual merits."

(Editing by Sheri Linden at Reuters)