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Hearing set for motion to dismiss BPI suit

The issue of whether Beef Products Inc. (BPI) can proceed with its defamation lawsuit against ABC News’ over the network’s coverage of lean, finely textured beef (LFTB) will be determined at a court hearing in South Dakota in December.

The circuit court judge will consider a motion by ABC and individual defendants, including news anchor Diane Sawyer, to dismiss the defamation lawsuit.

BPI claims the network, in a series of broadcasts and online stories in March 2012, damaged the company by misleading consumers into believing that lean, finely textured beef is unhealthy and unsafe. One of the main issues is ABC’s continuing use of the term “pink slime” to describe LFTB.

BPI officials say LFTB is safe and that ABC’s coverage led to the closure of three of its four plants and more than 700 layoffs. BPI is seeking 1.2 billion dollars in damages.

Attorneys for ABC cite First Amendment protections and argue that network did not knowingly disparage BPI or LFTB.

The hearing is scheduled for December 17th at the Union County Courthouse in Elk Point, South Dakota.

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