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Date: 08-08-2023
Case Style:
Case Number: 8:22-cv-00434
Judge: Joseph F. Bataillon
Court: United States District Court for the District of Nebraska (Douglas County)
Plaintiff's Attorney: Steve Biss and Defendant's Attorney: Mike Cox,
Description: Omaha, Nebraska personal injury lawyers represented Plaintiff who sued Defendant on libel and slander theories.
"The laws of Nebraska define libel and slander as follows:
Libel: Is a false and defamatory statement made in writing or in a form that is capable of being read by others.
Slander: Is a false and defamatory statement made orally.
In order to win a defamation lawsuit in Nebraska, the plaintiff must prove the following elements:
The defendant made a false statement of fact.
The statement was published to a third party.
The statement was defamatory, meaning it injured the plaintiff's reputation or exposed them to public hatred, contempt, ridicule, or obloquy.
The defendant acted with either actual malice or negligence.
Actual malice means that the defendant knew the statement was false or acted with reckless disregard for the truth. Negligence means that the defendant did not take reasonable care to avoid publishing a false statement.
In Nebraska, there is a one-year statute of limitations for filing a defamation lawsuit. This means that the plaintiff must file their lawsuit within one year of the date the defamatory statement was published.
There are a few defenses that a defendant can raise in a defamation lawsuit. One defense is truth. If the defendant can prove that the statement they made was true, then they will not be liable for defamation. Another defense is privilege. Privilege protects certain types of communications, such as statements made in the course of judicial proceedings or statements made by a public official in the course of their duties.
If you believe that you have been defamed in Nebraska, you should consult with an attorney to discuss your legal options."
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Outcome: 08/08/2023 29 MEMORANDUM AND ORDER - The defendant's motion to dismiss (Filing No. 16 ) is granted. This action is dismissed. A judgment of dismissal will be entered. Ordered by Senior Judge Joseph F. Bataillon. (LKO) (Entered: 08/08/2023)
08/08/2023 30 JUDGMENT OF DISMISSAL - Pursuant to the Memorandum and Order entered this date, this action is dismissed, with the parties to bear their own costs. Ordered by Senior Judge Joseph F. Bataillon. (LKO) (Entered: 08/08/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: