American Home Assurance Company et al v. Greater Omaha Packing Company Inc.

Filing 475

ORDER - GOPAC shall not refer to LFTB as "pink slime," nor shall it reference any negative media attention in relation to LFTB. Ruling on the remainder of the motion is reserveduntil trial. Ordered by Senior Judge Lyle E. Strom. (AOA)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
AMERICAN HOME ASSURANCE
COMPANY and CARGILL MEAT
SOLUTIONS CORPORATION,

)
)
)
)
Plaintiffs,
)
)
v.
)
)
GREATER OMAHA PACKING COMPANY,)
INC.,
)
)
Defendant.
)
______________________________)

8:11CV270

ORDER

This matter is before the Court on the motion (Filing
No. 353) of plaintiff Cargill in limine to exclude certain
prejudicial arguments and evidence.

Cargill filed a brief

(Filing No. 354) and indices of evidence (Filing Nos. 355, 356,
357).

The defendant, Greater Omaha Packing Company (“GOPAC”) has

filed a brief (Filing No. 447) and index of evidence (Filing No.
448) in opposition to the motion.
(Filing No. 463).

Cargill filed a reply brief

The motion will be granted in part, and ruling

on the remainder will be reserved until trial.
GOPAC argues that it must use the term “pink slime” in
order to describe lean finely textured beef (“LFTB”) in terms
most familiar to the jurors.

GOPAC does not intend to emphasize

the colloquial name of “pink slime,” but hopes to refer to the
beef product in a manner that helps jurors know and understand

what the product is.

Filing No. 447, at 2.

The word slime is

synonymous with ooze, sludge, muck, mud, or mire.
implies repulsion.

The word

Certainly, the word “slime” does a disservice

to the jurors in imparting -- not an accurate understanding of
the beef product -- but a predisposed misunderstanding that the
meat was unsavory or repulsive.

GOPAC shall refer to the meat in

question by its industry name, lean finely textured beef or LFTB,
and not by its colloquial name “pink slime.”

Likewise, GOPAC

should not reference the negative media attention which has
focused on LFTB.
Ruling on the remainder of Cargill’s motion will be
reserved until trial.

Accordingly,

IT IS ORDERED:
1) GOPAC shall not refer to LFTB as “pink slime,” nor
shall it reference any negative media attention in relation to
LFTB.
2) Ruling on the remainder of the motion is reserved
until trial.
DATED this 2nd day of May, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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