Over $40 million is remaining to be paid on his 5-year $50 million contract.

Martin Garvus, a First Amendment attorney says he plans to file the breach of contract suit by the end of next week.

Imus was quoted as calling the women’s Rutger basketball team “nappy headed hoes” on his nationally syndicated radio show.

Garvus cited a contract clause where CBS acknowledged that "Imus’ services were unique, extraordinary, irreverent, intellectual, topical, and controversial.” The clause said that Imus’ programming was “desired by the company and consistent with company rules and policy.”