Depending on which side you believe, Dan Rather’s $70 million lawsuit against CBS is about to be killed off or is on the verge of a big payout. A judge in New York threw out two more of the claims Rather had made against CBS, including one alleging fraud. Still remaining are claims of breach of contract and breach of fiduciary duty. Rather’s lawyer says the case is a “slam dunk” on those two counts. Lawyers for CBS say it’s just a matter of time until the two remaining counts are also dismissed.