§ 25-21,244 Action involving public petition and participation; damages; standard of proof; section, how construed

Codes > Nebraska Revised Statutes > Chapter 25 > Article 21 : (BB) Public > 25-21,244 Action

25-21,244. Action involving public petition and participation; damages; standard of proof; section, how construed

    (1) In an action involving public petition and participation, the plaintiff may recover damages, including costs and attorney's fees, only if he or she, in addition to all other necessary elements, has established by clear and convincing evidence that any communication which gives rise to the action was made with knowledge of its falsity or with reckless disregard of whether it was false, if the truth or falsity of such communication is material to the cause of action at issue.

    (2) Nothing in this section shall be construed to limit any constitutional, statutory, or common-law protections of defendants to actions involving public petition and participation.