CBS' lawyers say Rather was paid everything he was owed and the network used his talents as the contract required.
Gold said the network was supposed to use Rather on other news shows or pay him and let him go.
Gold said CBS held on to the 77-year-old newsman and denied him a chance to take a $4 million-a-year job at another network. The lawyer said Rather now earns about $1.5 million at the high-definition TV network HDNet.
Judicial Hearing Officer Ira Gammerman dismissed Rather's earlier fraud claim, while letting other parts of the case continue. He said Tuesday he would consider Gold's request to filed an amended fraud claim.
Rather left CBS on June 16, 2006, after more than 40 years at the network.