More motions about evidence heard in second day of BPI lawsuit - KTIV News 4 Sioux City IA: News, Weather and Sports

More motions about evidence heard in second day of BPI lawsuit

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ELK POINT, SD (KTIV) -

More motions about evidence that could be presented when a jury hears B-P-I's billion-dollar defamation lawsuit against ABC News.

Tuesday brought a lot of technical evidence.

Wednesday was all about economic experts.

Attorneys from both sides spent nearly three hours arguing motions of what economic experts from the plaintiffs, BPI and the defendants, ABC would be able to present their findings during the trial. 

Those findings include information about the profits lost by BPI they say were from ABC reports made in 2012. 

The main argument centers around an economic model analyzing different variables that caused BPI's loss made by one of their economic expert.    

ABC's argues it leaves out three big FAST FOOD Restaurants, that need to be put into the model.

BPI says they can prove -- without those three in their data --- their case of defamation and libel against ABC. 

The judge did decide that she needs more time to get a ruling she is comfortable with on this measure. 

Primarily because this decision heavily weighs on the amount of money BPI could potentially gain from ABC should the case rule in BPI's favor this summer.

One motion that took a lengthy time and needs even more time was what economic experts would present.

There was also a measure of whether or not BPI would be able  to use ABC News' our mission statement against them.

ABC argued they shouldn't have to prove both the law of libel and their professional standard of fairness and reliable sources.

Whereas BPI argued if they had followed quote "their mandatory guidelines" perhaps the story would have been complete. 

Judge Cheryle Gering agreed with ABC that the jury shouldn't have to make a decision based on the law itself and ABC's professional standard guidelines.

Judge Gering also cited other cases where the judge agreed professional standards shouldn't be combined in a libel suit.

Day three of the pretrial hearing will begin Thursday at 9 a.m.
 

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