ABC News asks judge to toss 'pink slime' lawsuit

SIOUX FALLS, S.D. (AP) ? Lawyers for ABC News asked a judge Wednesday to toss out a $1 billion defamation lawsuit filed by a South Dakota-based meat processor over a meat product that critics dub "pink slime," saying the news organization did not knowingly disparage the company or its product.

Beef Products Inc. sued ABC News Inc. in September, claiming the network damaged the company by misleading consumers into believing the product is unhealthy and unsafe.

The lawsuit seeks damages under South Dakota's defamation law, as well as a 1994 state law that allows businesses to sue anyone who knowingly spreads false information that a food product is unsafe. The Dakota Dunes, S.D.-based meat processor is seeking $1.2 billion in damages for roughly 200 "false and misleading and defamatory" statements about the product ? officially known as lean, finely textured beef.

The lawsuit named American Broadcasting Companies Inc., ABC News Inc., ABC news anchor Diane Sawyer and ABC correspondents Jim Avila and David Kerley as defendants. It also names Gerald Zirnstein, the U.S. Department of Agriculture microbiologist who named the product "pink slime," former federal food scientist Carl Custer, and Kit Foshee, a former Beef Products Inc. quality assurance manager who was interviewed by ABC.

In the motion to dismiss filed in federal court Wednesday, lawyers for ABC News said that while the term "pink slime" may come across as unappetizing, it is not incorrect. Lean, finely textured beef is both pink and ? like all ground beef ? has a slimy texture, the lawyers argued.

"That term, while unflattering, does not convey false facts about the color or texture of LFTB and is precisely the kind of 'imaginative expression' and 'rhetorical hyperbole' that is constitutionally protected," a memorandum attached to the motion said.

ABC News also contends the meat processor cannot claim harm under the 1994 South Dakota food product law. That law deals only with the safety of the food product, according to the ABC News lawyers, and the reports did not question the product's safety or nutritional value.

"The ABC News reports repeatedly stated that LFTB is safe to eat," the memo with the motion said.

A lawyer for the meat processor said it will oppose the motion to dismiss.

Company officials have long insisted that the product is safe and healthy, and blamed the closure of three plants and roughly 700 layoffs on what they viewed as a smear campaign.

The lean, textured beef trimmings were the subject of many media reports earlier this year, and also have drawn comments from television chefs and food commentators. This year's social media uproar prompted Beef Products to suspend operations at plants in Amarillo, Texas; Garden City, Kan.; and Waterloo, Iowa.

Legal experts have said Beef Products faces an uphill battle because the company must prove ABC knew the stories were false or had doubts about the truth. A judge will make a decision later.

__

Follow Kristi Eaton on Twitter at http://twitter.com/kristieaton.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2012-10-31-Pink%20Slime-Lawsuit/id-e9cc5950b7ae41309a86d2ff57b3d2df

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Six new cases reported in meningitis outbreak

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Choose The Perfect Web Hosting From Us | Healthuse - Health ...

Just what does numerous website hosting of datacenters mention and why could it be there? Does it charge lots? Can it be practical with your online business? Can it be a product you will need to search into? Obtain out at present.

As the whole lot is predicated on technologies, there is certainly no actual want to in fact know the details of its capabilities. You just need to find out about the fundamentals, like what a certain software programs or follow or application does, why it could be necessary and the way it could assist you to?

By natural means, it would not be good enough only to are aware that it is really there; you?ll need to learn why it truly is chosen and what it could do to scale back expenditures, upgrade your over-all organisation plus your lifestyle.

This might be notably real in relation to a wide range of website hosting of datacenters. In case your venture takes place to generally be via the internet, you most likely have already got a provider for internet hosting. Usually, an assistance of webhosting refers into a form of on the net internet hosting assistance which allows businesses and consumers generate a private site that could be accessed by means of the web.

Internet hosts talk about firms which provide website server area for his or her valued clients alongside web-based connections via knowledge servers. These world-wide-web hosts also are capable to supply on-line connections and datacenter place for servers in the vicinity of their real datacenters. This is able to be often known as world-wide-web collocation, and lets for a number of webhosting of datacenters.

Basically, many webhosting of datacenters can change the general pace of accessed internet sites. Apart from compact percentages of giant businesses of website hosting throughout the planet, the vast majority of online businesses of hosting that can be situated inside of the United states of america of The us gives lieu online business solutions. Quite a few on the most significant datacenters is generally noticed inside the U.S. as well as a great deal of these vendors of webhosting make full use of their personalized committed servers.

Numerous abroad website pages and organisations use U.S. organisation solutions. Sadly, their web sites load slower plus they absence in all around capabilities. For this reason, corporations that concentrate on lieu buyers frequently occasions make full use of companies of webhosting that also use compact area datacenters which can be unreliable.

A few different hosting of datacenters might be looked at as answers to outsourcing. A considerable amount of organizations of website hosting relocate their own servers to new datacenters. Irrespective of which agency you decide for to supply your web site or home business with a wide range of website hosting of datacenters, they?re going to nonetheless be accountable for internet site administration in addition to any troubles which may occur about. All the same, brand-new datacenters in by themselves will feature bandwidth, server area, electrical energy, and routing.

Continue to keep in your mind that a wide range of hosting for datacenters has not anything to perform with reselling. Services of hosting that decide to mover unique servers to this kind of datacenters will however be the homeowners in their personalized servers, in addition to high quality percentages in the switches and routers which join servers to some datacenter?s connections with the Internet.

For more info on Web Hosting ? Deciding Reasonably-priced Excellent Services, please check out What Internet Hosting Provider Do You Need.

Source: http://www.healthuse.com/choose-the-perfect-web-hosting-from-us.html

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Nintendo's Wii U Console to be Sold at a Loss | WebProNews

Earlier this week Nintendo revealed its third quarter earnings and things aren?t looking good for the company that?s name is synonymous with video games. The company, which posted its first ever annual loss earlier this year, posted more losses and blamed sluggish 3DS sales for the failure. Nintendo also revised its net profit forecast, cutting it by 70%.

To put it simply, Nintendo needs the upcoming Wii U to be a hit. Especially after revealing that the console will be sold at a loss. From Nintendo?s second quarter financial report:

?the Wii U hardware will have a negative impact on Nintendo?s profits early after the launch because rather than determining a price based on its manufacturing cost, we selected one that consumers would consider to be reasonable. In this first half of the term before the launch of the Wii U, we were not able to make a profit on software for the system while we had to book a loss on the hardware, which is currently in production and will be sold below cost.

It?s not unheard of for video game consoles to be sold at a loss. For example, both the Xbox 360 and the PlayStation 3 were sold below cost. However, it is something Nintendo isn?t known for. Nintendo?s Wii console was sold for a (slim) profit, and the popularity of that console made Nintendo plenty of money.

This could be a sign of where current game hardware companies are hoping to take gaming. Consoles are, by their nature, closed systems, and as more broadband connectivity spreads, manufacturers can afford to make larger bets in the hope that revenues from licensing, services, and products exclusive to their console pay off.

(via BGR)

Source: http://www.webpronews.com/nintendos-wii-u-console-to-be-sold-at-a-loss-2012-10

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Know about Lyme disease symptoms in dogs | ArticlePDQ.com

Is your pet or dog is attacked by a black-legged tick or deer-tick? Then, you need to just keep observing or confirming your dog?s skin, to stage. This stage has germs known as the genus borellia, which results in Lyme disease to your pet. This situation can be very risky if identified late. However, to deliver these germs definitely to the dog, the stage needs to stay stuck for around 48 hours to the body of dogs so if identified before that, the situation can be significantly prevented. This situation cannot be shifted from animals to individuals but still you must be conscious of the Lyme Disease Symptoms In Dogs.

Some of the typical the sign of Lyme Disease Pets are-

? One of the first signs to look about in your dogs is limping. Analyze the feel, leg and thighs of dogs whether it is expanded and painful. The lymph node of the affected legcan also experience some swelling or even the leg joints can also experience some pain.

? The dog also gets suffer due to uncertainty, stress and other reasons. The pet might go exhausted and can also show some infrequent conduct and in immediate comparison to its real perform. This is one of the considerable Lyme Disease Signs in Dogs.

? Fever can also make because of Symptoms Of Lyme Disease In Dogs and the heat range might improve to 103-105 stages F. A feeling of sickness and anorexia can also be seen in Lyme Disease Dogs.

? The signs may appear to be the sign of kidney unable like bad realizing take in like ammonia, seriously enhanced or decreased urination. Even the tummy of animals may expand or improve to growing stage.

The above explained symptoms are not as much serious as aminoacids, meningitis, encephalitis, losing glomerulonueropathy, myocarditis, and renal failing. Other symptoms of Lyme Disease in dogsinvolve company stroll with a rounded returning, delicate to contact, issues in breathing, deficiency of craving for food, depressive disorder.

Other signs exposed which are uncommon are middle problems leading to complete center obstacle and nerve program issues. In many situations, the Dog Lyme Disease Symptoms do not show any signs and thus it is very necessary that you choose a frequent and everyday examine of your animals and thus remove any stage that come with the program of your dog. Keep your dog secure and healthier. So, be sure about proper therapy and appropriate vaccination of your dog which allows maintaining their life carefully and successfully.

Source: http://articlepdq.com/health-fitness/know-about-lyme-disease-symptoms-in-dogs/

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Actor Jack Scalia arrested for gun at LA airport

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TSX ends flat as U.S. data offset dim earnings

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