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Lawyers: ‘Pink Slime’ Lawsuit An Uphill Climb

Legal experts say a South Dakota beef processor that is suing ABC News for defamation faces a steep climb for a victory in court.

Beef Products Inc. sued ABC News, Inc. for defamation Thursday over its coverage of a meat product that critics dub “pink slime.” The company alleges that the network created an inaccurate impression that the product is 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 about a food product. A company lawyer says BPI will seek $1.2 billion in damages.

Drake University law professor Neil Hamilton says BPI may struggle to convince a jury that the news stories were defamatory or that harm was intended.

 

Nebraska Senator Used Campaign Donations To Gamble At Kansas City Casinos

Nebraska State Sen. Brenda Council has apologized for misusing more than $60,000 in campaign donations at casinos and filing false reports to conceal it.

Attorney General Jon Bruning says Council agreed to plead guilty to misdemeanor charges of filing false campaign reports that omit the casino withdrawals and cash deposits.

In a statement, Council says she “made an error in judgment,” and that she takes “full responsibility.” She says she’s receiving professional treatment for a gambling addiction and will not “give up or quit fighting for the issues.”

Her opponent, Ernie Chambers, a longtime foe of casino gambling in Nebraska, says he hopes people will see that if the addiction can bring down somebody with education, intelligence and a successful political career, it can do it to anybody.

Kansas State Fair Enters Final Weekend

The Kansas State Fair is entering its final weekend.

Country star Billy Currington will take the stage Saturday night for the final grandstand musical performance. And Sunday’s grandstand entertainment is a truck and tractor pull.

Weekend fairgoers also will be treated to an exotic animal petting zoo, milking demonstrations, pig races, horse shows, a chainsaw woodcarver and juggling performances.

This year saw admission prices increase for the first time in four years, with a regular adult ticket going from $8 to $10. Fair officials have said expenses have increased.

Murder Charges Dismissed In Kansas Toddler’s Death

A southeastern Kansas judge has dismissed a first-degree murder charge against a man accused of killing his girlfriend’s 18-month-old daughter.

KAKE-TV reports  a Butler County judge on Thursday threw out the charge against Justin Edwards, of El Dorado. Judge David Ricke ruled the state failed to provide sufficient evidence of the cause of death, but prosecutors may refile the charge if the state can produce the evidence.

Edwards and his girlfriend, Alyssa Haag, were both charged with killing Haag’s daughter, Jayla, in March of this year. The baby died at a Wichita hospital. A coroner says Jayla had extensive injuries from abuse, including six missing teeth.

Alyssa Haag is also charged with first-degree murder and faces trial next month. She is currently out on bond.

Smaller Corn Harvest Predicted

WICHITA, Kan. (AP) — A new government report is forecasting a Kansas corn and soybean crop that could be the smallest harvest in the state since 2006.

Kansas Agricultural Statistics Service reported Wednesday that corn for grain production in Kansas is now expected to be 382.2 million bushels. That is down 2 percent from August and is 15 percent below last year.

The estimate is based on an average yield of 91 bushels per acre from 4.2 million harvested acres.

The new forecast pegs the soybean crop at 70.4 million bushels. That is down 5 percent from last month and down 31 percent from last year.

Grain sorghum remained unchanged over last month with 88 million bushels, down 20 percent from last year.

Senators Moran And Roberts Congratulate 100-Year-Old Kansan On Award For Outstanding Work

U.S. Senator Jerry Moran (R-Kan.)this week met with Loren Wade in his Senate office in Washington, D.C., and congratulated Loren on his recent recognition as the National Outstanding Oldest Worker for 2012 by Experience Works. Mr. Wade, 100, has worked at the Winfield Walmart for more than 30 years.

“Loren Wade’s dedication and work ethic represent the values that have made our country great. It is crucial that we, as a nation, continue to honor individuals like Loren, those who put in the hard work and make the individual effort,” Sen. Moran said. “It is a great pleasure to meet Mr. Wade and help celebrate his truly impressive achievement.”

Kansas Star Casino Exceeds Revenue Projections

The Kansas Star Casino near Mulvane is continuing to easily exceed revenue projections.

The Kansas Lottery said Wednesday that entering September, the casino generated $129.5 million since it opened in mid-December 2011. It has been averaging more than $15 million a month. The lottery owns and operates the casino’s games.

The Wichita Eagle reports if that pace continues, the casino will bring in more than $180 million this year. In 2010, consultants predicted the casino would generate $159.1 million in 2012.

The revenue numbers are expected to increase when the Kansas Star’s permanent casino opens early next year. It will include more slot machines, gaming tables, and food services. The permanent casino is scheduled to open in January, but casino officials say it could open sooner.

Flags Lowered to Recognize American Diplomats Killed

The President of the United States issued a proclamation Thursday concerning the attack on the American diplomatic facility in Libya.

In it, he has directed that flags will be flown at half-staff until sundown Sunday, September 16.

U-S Ambassador to Libya John Christopher Stevens and other American personnel were killed Tuesday in an attack by Libyan protesters on the United States Consulate in Benghazi, Libya.

BPI Sues ABC News

SIOUX FALLS, S.D. – Beef Products Inc. sued ABC News Inc. for defamation Thursday over its coverage of a meat product that critics dub “pink slime,” claiming the network misled consumers into believing it is unhealthy and 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, said Dan Webb, BPI’s Chicago-based attorney.

The lawsuit filed in a South Dakota state court also names several individuals as defendants, including ABC news anchor Diane Sawyer and the Departure of Agriculture microbiologist who coined the term “pink slime.”

The company’s reporting “caused consumers to believe that our lean beef is not beef at all – that it’s an unhealthy pink slime, unsafe for public consumption, and that somehow it got hidden in the meat,” Webb said before the company’s official announcement.

ABC News, owned by The Walt Disney Co., denied BPI’s claims.

Webb said the reports had “an enormous impact” on the company, forcing it to close three of its four U.S. plants, including BPI in Garden City, Kansas and lay off more than 650 workers.

Critics worried about the way the meat is processed. Bits of beef are heated and treated with a small amount of ammonia to kill bacteria, a practice that has been used for decades and meets federal food safety standards.

 

DELAYED: Kansas To Review Challenges To Obama, Former Kansas House Member

UPDATE: 

Kansas Board Delays Decision On President Obama On Ballot

Kansas officials want more information before deciding whether to remove President Barack Obama from the state’s November ballot.

The State Objections Board heard arguments Thursday on a claim from a Manhattan resident that President Obama is not eligible to be president because his father was from Kenya. The resident, Joe Montgomery, also questions whether President Obama has a valid birth certificate.

The president released a copy of his long-form birth certificate last year, and Hawaii officials have verified his citizenship repeatedly.

But the Kansas board — made up of the secretary of state, attorney general and lieutenant governor — said Thursday it wants certified documents from Hawaii and two other states where similar questions about President Obama’s citizenship have been raised.

The board plans to meet again Monday and may rule then.

ORIGINAL:  A Kansas board is preparing to settle challenges to spots on the November ballot for President Barack Obama and a former lawmaker seeking to return to the Legislature.

The State Objections Board is made up of the secretary of state, attorney general and lieutenant governor. Other items on its agenda Thursday include disputes over presidential candidate listings for the Reform and Americans Elect parties.

Manhattan resident Joe Montgomery objected to Obama’s listing as the Democratic nominee for president, claiming Obama is not a U.S. citizen.

A tea party group’s president has questioned whether former Kansas House member Tom Sawyer lives at the Wichita address he listed on his filing papers. Sawyer is the Democratic nominee in the 95th House District, and says he has owned the home for two decades.

Judge Sets Hearing For Ex-KU Ticket Consultant Involved In $2 Million Ticket Theft, Sale Scheme

A judge has set a January hearing date for a former University of Kansas athletics consultant seeking a shorter sentence for his part in a ticket-scalping conspiracy.

U.S. District Judge Monti Belot will hear the case of Thomas Ray Blubaugh on Jan. 16.

Blubaugh is serving a 46-month sentence at a federal prison in Oklahoma. He pleaded guilty last year to conspiring to defraud the United States.

Blubaugh is the husband of Charlette Blubaugh, former ticket director for KU athletics. They were among seven people convicted in a $2 million scheme involving the theft and sale of Jayhawk basketball and football tickets.

Thomas Blubaugh contends the sentencing court improperly considered the value of tickets he had hidden in a storage facility. He also claims his lawyer did a poor job.

Kansas Official Refuses To Answer Questions Regarding Poor Residents Seeking Assistance

A Kansas official has refused to answer some questions from legislators about a waiting list of poor residents with severe disabilities who are seeking assistance.

Gary Haulmark of the Kansas Department for Aging and Disability Services appeared Wednesday before the Legislative Budget Committee.

Haulmark told the panel his department’s legal counsel advised him not to answer any questions about Medicaid waivers because of potential litigation.

The federal government has been investigating complaints that Kansas is violating the civil rights of people waiting for help.

The Legislative Research Department says more than 7,500 Kansans are under-served or are on the waiting list for services. That’s up from slightly less than 2,100 in 2008.

Republican Sen. John Vratil of Leawood said he was baffled by Haulmark’s reluctance to discuss the numbers.

Report: Sebelius Broke Law Regarding Political Activity

A government ethics office says Health and Human Services Secretary Kathleen Sebelius violated a federal law that restricts political activity by government officials.

In a report Wednesday, the federal Office of Special Counsel said off-the-cuff remarks by Sebelius during a Feb. 25 speech to a gay rights group in North Carolina violated the Hatch Act.

Sebelius called for President Barack Obama’s re-election and endorsed a Democratic candidate for governor.

In a formal response, Sebelius said that any violation was “technical and minor” and was corrected after her official trip was reclassified as political, and the government was repaid for her travel.

Since Sebelius is a Cabinet official, the ethics office referred the case to the White House for “appropriate action.”

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