Ex-BPI Employee Dismisses “Pink Slime” Lawsuit Against Me, ABC and Jamie Oliver

Back in December I told you that Bruce Smith, a former environmental health and safety officer at Beef Products Inc., filed a pro se lawsuit in Nebraska state court against me, ABC News, Jim Avila, Diane Sawyer and Jamie Oliver.   In his complaint, Mr. Smith claimed to have suffered the negligent infliction of emotional distress due to the loss of his job at BPI last May, a job loss which he alleged arose out the controversy over lean, finely textured beef (more popularly known as “pink slime”).

The case was subsequently removed by the defendants to federal court and about three weeks ago it was voluntarily dismissed by Mr. Smith.  To my knowledge, Mr. Smith has made no public comment regarding his dismissal of the case.

A second lawsuit arising out of the “pink slime” controversy continues, however.  That case, filed by BPI against ABC News, Jim Avila, Diane Sawyer, a former BPI employee and two former USDA microbiologists, seeks $1.2 billion in damages.  I’ll continue to provide updates on the BPI litigation as warranted.

I’d like to take this opportunity to express my gratitude to the many people who offered assistance and support while the Smith litigation was pending against me, with special thanks to attorney Kenneth White of the Popehat blog and to the Online Media Legal Network at Harvard University’s Berkman Center for Internet & Society.

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Ex-BPI Employee Sues Me, Jamie Oliver and ABC News Over LFTB Controversy

Yesterday I learned that Bruce Smith, a former environmental health and safety officer at Beef Products Inc., has filed a pro se lawsuit in Nebraska state court relating to last spring’s controversy over BPI’s lean, finely textured beef product.  I’m one of the named defendants, along with ABC News, Jim Avila, Diane Sawyer and Jamie Oliver.  I have not been served with the suit.

In his complaint, Mr. Smith claims to have suffered the negligent infliction of emotional distress due to the loss of his job at BPI last May.  Mr. Smith has also self-published a book entitled Pink Slime Ate My Job, the sale of which he appears to be promoting in connection with his lawsuit.

For the time being, I’ll have no further comment except to say that I’m confident the First Amendment protects the rights of all Americans, including bloggers like myself, against meritless attempts at censorship like this one.  I will vigorously defend my right, and the rights of all of us, to speak out on matters of public importance and to petition the federal government, as I did through Change.org, to change any policy with which we disagree.

My sincere thanks to all of you who’ve already expressed support and/or extended offers of assistance as I prepare to defend myself against this lawsuit.  I’ll keep you posted regarding further developments as warranted.

Before signing off, a reminder that the stringent comments policy I published last spring remains in effect.  Anyone who feels the need to include personal attacks, profanity or anti-semitic sentiments in their responses to this or any other post will not see their comment appear in this forum.  Moreover, all future comments from any sender violating this policy will go directly to my spam filter and I will not see them for moderation.

[Ed. Update: As of 12/19/12, this blog’s comments policy has been updated to indicate that I will summarily block any “commenters using aliases and multiple email addresses to appear to be more than one reader. I will use my reasonable judgment, based on IP addresses and other information, to determine if a commenter is engaging in this practice.”]

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