Rather claimed CBS used him as a “scapegoat” and intentionally allowed him to take the blame for a discredited story about President Bush’s military service in order to please the White House.

Unfortunately for Rather, he publicly took personal responsibility for the inaccuracies and it was widely reported at the time that he firmly believed in the truth of the story and was not interested in researching the story any further.

CBS commissioned an independent panel to determine the source of the story’s problems. The panel concluded that the story was neither fair or accurate. As a result CBS fired the story’s producer, asked for resignation of three executives and eventually accepted Rather’s resignation in the aftermath.

Legal experts don’t give Mr. Rather a high probability of success in this lawsuit.

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.”