Mass. judge allows case vs. Redstone

A Massachusetts judge will allow Viacom Chief Executive Philippe Dauman's case against Sumner Redstone to proceed, but will not order an immediate mental examination of the ailing media mogul.

The decision yesterday by Probate Judge George F. Phelan to take the case represents a partial victory for the Viacom chief, whom Redstone moved to oust from the trust that eventually will control Viacom and CBS Corp.

But the judge also dealt a blow to Dauman's case by denying his request for an immediate investigation into Redstone's current mental capacity. The judge will, however, require Redstone's lawyers to produce medical records for the 93-year-old billionaire by Aug. 15.

Redstone in May removed Dauman and fellow Viacom director George Abrams from his National Amusements trust, the entity that will control 80 percent of his media empire's voting shares when he dies or becomes incapacitated.

Dauman and Abrams sued to block the removals, claiming Redstone was not mentally capable of making such a decision and may have been under undue influence from his daughter Shari.

The decision in Massachusetts comes the day before a hearing in Delaware in the dispute over Redstone's apparent decision to oust five Viacom board members, including Dauman.

A trial in the Massachusetts matter is expected to take place in October.