In case you did not know, homemade slime is one the the biggest fads out there! Even a Kardashian child, Penelope Disick has a homemade video upload on Instagram featuring a do-it-yourself tutorial. In fact, there are “slime alternatives” for those parents that are sick of buying glue. The buck, however, does not stop there. Aspects of litigation now involve slime.
Only just recently there was a trial to determine whether ABC defamed a South Dakota meat producer’s products that critics dubbed “pink slime” provided a boost to area business before it ended with a settlement.
Beef Products Inc. said in a report that an ABC News correspondent misled consumers about the safety of low-cost processed beef trimmings, which are officially known as “lean finely textured beef.” Nowadays, It is more commonly known as “pink slime” due to its appearance. The company had sought $1.9 billion in damages, but the figure could have grown to as much as $5.7 billion under a South Dakota law. Such reports caused a backlash against the product that eventually cost the meat processor millions of dollars in sales, forcing it to close three of its four plants. ABC defended its stories as being factual and providing vital information to consumers.
In cases of defamation it must be ensured that reports accurately present the facts and views of knowledgeable people about this product. Settlement was made in favor of continued litigation as it was decided that protracted litigation is not in the company’s interests. A right was reserved for them to remain committed to the vigorous pursuit of truth and the consumer’s right to know about the products they purchase. Due to a defamation incurrence it was indicated that the company felt the need to re- establish what we all know to be true about lean finely textured beef: it is beef, and is safe, wholesome, and nutritious. In consideration of a settlement, the factor of vindication of product was of central concern.
On the flip side, the reporter for ABC felt no need to apologize or retraction. A settlement was made as part of the network’s best interests.
Overall, the prime factor in making a decision was also whether the potential payout that is three times as steep as actual damages thanks to South Dakota’s Agricultural Foods Product Disparagement Act – is a distinction over terms. Discrepancies over quality and color also became matters of contention.
For those reasons, defamation cases involve lots of factors which must be borne prior to going ahead for suit. Our firm recommends a discussion with one of our partners and weighing up all factors that could possibly affect your case.
Our Chicago libel and slander lawyers concentrate in this area of the law. We have defended or prosecuted a number of defamation and libel cases including cases representing a high profile athlete against a well known radio shock jock, a consumer sued by a large car dealer in federal court for negative internet reviews and videos, one of Loyola University’s largest contributors when the head basketball coach sued him for libel after he was fired, a lawyer who was falsely accused of committing fraud with the false allegation published to the Dean of the University of Illinois School of Law where the lawyer attended law school and the President of the University of Illinois.
Our Chicago defamation attorneys defend individuals’ First Amendment and free speech rights to post on Facebook, Yelp and other websites information that criticizes businesses and addresses matters of public concern. Our Chicago Cybersquatting attorneys also represent and prosecute claims on behalf of businesses throughout the Chicago area including in Wilmette and Glenview who have been unfairly and falsely criticized by consumers and competitors in defamatory publications in the online and off line media. We have successfully represented businesses who have been the victim of competitors setting up false rating sites and pretend consumer rating sites that are simply forums to falsely bash or business clients. We have also represented and defended consumers First Amendment and free speech rights to criticize businesses who are guilty of consumer fraud and false advertising.
Super Lawyers named Chicago and Oak Brook business trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. Lubin Austermuehle’s Oak Brook and Chicago business trial lawyers have over a quarter of century of experience in litigating complex class action, consumer rights and business and commercial litigation disputes. We handle emergency business law suits involving injunctions, and TROS, defamation, libel and covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud or defamatory attacks on their business and reputations.
Lubin Austermuehle’s DuPage County defamation and slander lawyers near Aurora and Schaumburg have more than three decades of experience helping business clients unravel the complexities of Illinois and out-of-state business laws. Our Chicago business, commercial, class-action and consumer litigation lawyers represent individuals, family businesses and enterprises of all sizes in a variety of legal disputes, including disputes among partners and shareholders as well as lawsuits between businesses and and consumer rights, auto fraud, and wage claim individual and class action cases. In every case, our goal is to resolve disputes as quickly and successfully as possible, helping business clients protect their investments and get back to business as usual. From offices in Oak Brook, near Elmhurst and Skokie, we serve clients throughout Illinois and the Midwest.
If you are the victim of a defamatory attack on your business or a consumer who has been sued to stop you from posting criticism of a business on line at Yelp or anywhere else, contact one of our Oak Brook and Chicago defamation lawyers for a free consultation at (833) 306-4933 or online by filling out our contact us form.