S-22-0967 Janet Palmtag (Appellant) v. The Republican Party of Nebraska, a/k/a The Nebraska Republican Party (Appellee)
Appeal from District Court for Lancaster County, Judge Andrew R. Jacobsen
Attorneys: David A. Domina (Domina Law Group, PC LLO for Appellant) and Kamron T.M. Hasan (Husch Blackwell LLP for Appellee)
Civil: Defamation and False Light Claim
Proceedings below: Appellant made defamation and false light claims against the Appellee, but the district court granted Appellee’s Motion for Summary Judgment. On appeal, Appellant filed a Petition to Bypass the Court of Appeals, which the Court granted and ordered this case to be transferred to its docket.
Issues: Appellant makes the following assignment of errors: 1) The trial court erred when it sustained the defense motion for summary judgment; 2) The trial court erred when it found insufficient evidence of actual malice as a matter of law; 3) The trial court erred when it gave the defense the benefit of an inference concerning the Consent Order and did not give that benefit to Ms. Palmtag; and 4) The trial court erred when it gave the Appellee the benefit of an inference about the decision to avoid the truth.
Appellee makes the following assignments of error on cross-appeal: 1) The District Court erred by determining Palmtag was not required to present a genuine issue of material fact that she incurred special damages; and 2) The District Court erred by determining that, even if Palmtag was required to present evidence of special damages, she presented a genuine issue of fact that she personally incurred special damages due to the allegedly defamatory statements made by NEGOP.