A Circuit Court judge in South Dakota has dismissed Diane Sawyer from the lawsuit that Beef Products Inc. filed against ABC, Sawyer and reporter Jim Avila, but the case is scheduled to proceed against the network and Avila in early June, according to court documents.
Judge Cheryle Gering dropped Diane Sawyer from the case, noting that in Sawyer’s position as network anchor, she had little direct knowledge of the information in the reports the network aired on BPI’s major product, lean finely textured beef (LFTB) in March and April, 2012. BPI filed suit over these reports, alleging ABC and its reporters “knowingly and intentionally” published “false and disparaging statements” about the company’s LTFB product.
Judge Gering declined to dismiss the charges against the other defendants, however, noting “hostility” on the part of Avila toward BPI representatives and a “bias” against the product — while explaining that such attitude does not constitute malice in itself. She also cited numerous examples of when Avila and others at ABC decided not to interview knowledgeable persons who would disagree with their reported story line — by refusing to use the term “pink slime”, for example — and made other statements that ABC knew were perceived by their audience as indications that the product was unsafe.
“[T]he court finds that there is sufficient evidence to prove that ABC and Mr. Avila knew the statements being made were false in light of the information in their possession,” she wrote in her ruling.
“… [A] jury could determine that there is clear and convincing evidence that ABC Broadcasting and Mr. Avila were reckless, that defendants had obvious reason to doubt the veracity of informants, and that they engaged in purposeful avoidance of the truth.”
ABC is arguing it has First Amendment protection over its reporting in this case. In a statement, the network reportedly said, “"We are pleased that the court dismissed all claims against Diane Sawyer. … We welcome the opportunity to defend the ABC News reports at trial and are confident that we will ultimately prevail."
BPI's lawyer, J. Erik Connolly, told Reuters in a statement that ABC "engaged in a disinformation campaign against a company that produces safe and nutritious beef, leading to billions of dollars in damages and hundreds of lost jobs."
The case is slated to begin June 5 in Circuit Court in Elk Point, S.D., and may run for eight weeks.