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On September 8, 2004 P narrated on the CBS 60 Minutes II television program a segment about President George W. Bush's service in the Texas Air National Guard. P claims that D disavowed the broadcast after it was attacked by Bush supporters, and fraudulently induced him to apologize personally for the broadcast on national television as well as to remain silent as to his belief that the broadcast was true. D informed him that P would be removed as anchor of the CBS Evening News. P's employment agreement required that in the event he was removed as an anchor, D would make him a regular correspondent on 60 Minutes or immediately pay all amounts due under the agreement and release him to work elsewhere. D kept him on the payroll while denying him the opportunity to cover important news stories until May 2006 when it terminated his contract, effective June 2006. P sued Ds in part for breach of contract. P delivered his last broadcast as anchor of the CBS Evening News on March 9, 2005, and because he was only nominally assigned to 60 Minutes II and then 60 Minutes, he should have received the remainder of his compensation under the agreement in March 2005. D continued to compensate P at his normal CBS salary of approximately $6 million a year until June 2006 when the compensation was accelerated upon termination, consistent with his contract. The trial court denied D’s motion to dismiss. Both parties appealed.

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