Legal win surrounding witnesses in BPI lawsuit against ABC news - KTIV News 4 Sioux City IA: News, Weather and Sports

Legal win surrounding witnesses in BPI lawsuit against ABC news

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ELK POINT, SD (KTIV) -

A legal win for Beef Products, Incorporated in it's lawsuit against ABC when it comes to witnesses in the case.

ABC lawyers argued Daniel Sumner and Mark Hosfield used unreliable methods to calculated BPI's lost of sales and business value. 

But, judge Cheryle Gering says the jury can hear from the two experts for BPI.

In her 15-page ruling, Circuit Judge Cheryle Gering sided with BPI lawyers that whether or not ABC's statements were a substantial factor in the decision of BPI customers to stop buying their products is for the jury to determine.

BPI estimates the reports done by ABC in 2012 caused $1.9 billion dollars in actual damage to the company.

If BPI wins, under South Dakota's Agricultural Food Product Disparagement Act, they could potentially claim $5.7 billion dollars in damages.

Jury selection will get underway at the end of May.

Trial will begin June 5 and last eight weeks.

The final pretrial hearing is set for Friday at 9 a.m.

KTIV's Michelle Schoening will be at the hearing to bring us the latest on News 4.

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