Palmtag v. Republican Party of Neb.

Summary

The Nebraska Supreme Court reversed summary judgment for the Republican Party and remanded because the evidence, viewed favorably to Palmtag, could allow a jury to find actual malice by clear and convincing evidence. The court held that the Party’s sources were not reasonably susceptible to attributing the corporate entity’s disciplinary history and license cancellation to Palmtag personally, and that the evidence of investigatory deficiencies, political motive, and contradictory information created a genuine factual dispute. The court also held that a plaintiff bringing a per se public libel action need not plead or prove special damages. No separate opinions were filed.