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Lawsuits & Litigation

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Second class action suit filed in pentobarbital pet food scandal

logos Evangers and Party Animal

Texas pet owner Wendy Black has initiated a complaint seeking class action status against Party Animal Inc. and Evanger’s Dog and Cat Food Company, Inc. The suit, filed June 6 in the Superior Court for Los Angeles County’s Central District seeks damages “…on behalf of all persons who purchased Party Animal organic brand dog food… Continue Reading

BPI settles with ABC over $1.9 billion defamation claim

ABC News screen shot with burger

“The case is settled,” Judge Cheryle Gering told the jury Wednesday morning, thereby making the first public announcement that BPI and ABC Television had settled the $1.9 billion defamation lawsuit in a confidential agreement. “As permitted under the law of South Dakota, neither the court, the jury nor the public will be told the details… Continue Reading

Disparagement trial begins week 4; ABC News stands ground

Network's lawyer asks Beef Products Inc. witness about 60% sales drop preceding ABC reports

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The jury trial involving the South Dakota Agricultural Food Products Disparagement Act continues today, beginning its fourth week of courtroom action in Elk Point, SD. Dakota Dunes, SD-based Beef Products Inc. (BPI) is suing Disney-owned ABC Television and reporter Jim Avila under the Disparagement Act for calling its beef product “pink slime” on more than… Continue Reading

Week 3: BPI continues case against ABC in defamation trial

logo BPI

The $1.9 billion state civil defamation trial pitting Beef Products  Inc. against Disney-owned ABC Television and reporter Jim Avila enters its third week today in Elk Point, SD. The 12-member jury and four alternates—11 women and five men—have so far heard only the live testimony or video depositions of plaintiff witnesses as BPI puts forward its… Continue Reading

Party Animal Inc. sues Evanger’s because of drug in dog food

recalled Cocolicious dog foods

Party Animal Inc. has filed suit in federal court against Evanger’s Dog and Cat Food Co. Inc. because dog food Evanger’s produced for Party Animal was found to be contaminated with the animal euthanasia drug pentobarbital. The Food and Drug Administration confirmed the presence of the drug during testing after a consumer complaint. Two varieties… Continue Reading

Watchdog group sues USDA for names of poultry companies

Food & Water Watch says new poultry inspection system gives companies too much autonomy

A USDA poultry inspector checks carcasses as the production line moves. Photo courtesy of USDA

Food & Water Watch has filed suit against the USDA because the agency will not release the names of companies that have applied to switch to a voluntary program that allows for non-government poultry inspections. In its complaint, filed in U.S. District Court in Washington D.C., the watchdog group refers to the U.S. Department of… Continue Reading

ABC strikes back by churning up BPI’s earlier history

Meat packer has heavy burden of proof in $1.9 billion defamation case against network

On its website beefisbeef.com, BPI has links to several videos showing some of its facilities and describing food safety practices.

ELK POINT, SD — It would probably not be accurate to say Professor Mindy Brashears speaks with a Texas twang or that ABC’s attorney Dane Butswinkas has a Richmond dialect, but the difficulty the two have understanding each other slowed proceedings on the fourth day of the $1.9 billion civil defamation trial against the network…. Continue Reading

Beef safety expert says ABC got it wrong, wrong and wrong

Texas Tech researcher testifies on behalf of BPI; says LFTB is beef not 'pink slime' and is safe

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ELK POINT, SD – Mindy Brashears from Texas Tech University took the witness stand in the BPI v. ABC jury trial Wednesday. Under direct testimony, she was giving BPI a lot of traction, but that could change this morning when ABC’s attorneys get to continue their cross-examination. Professor Brashears is director of the International Center… Continue Reading