Nebraska Supreme Court
Palmtag v. Republican Party of Neb.
January 12, 2024315 Neb. 679
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.
Holding
- Actual malice and summary judgment in a public libel action. The evidence created a genuine issue of material fact as to actual malice because a jury could find by clear and convincing evidence that the Party knowingly or recklessly published false statements attributing the corporation’s violations and license status to Palmtag personally.
- Special damages in a per se public libel action. A plaintiff in a per se public libel action is not required to plead and prove special damages to state a claim or defeat summary judgment.
Docket S-22-967