Elbert v. Young

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Elbert v. Young

Case Number
Call Date
March 31, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

A-21-0211 Mark D. Elbert (Appellant) v. Gary Young and Keating, O’Gara, Nedved & Pete, PC, LLP (Appellee)

Appeal from the District Court of Sarpy County, Judge Michael A. Smith

Attorneys:  Theodore R. Boecker Jr. (Boecker Law, P.C., L.L.O.) (Appellant) --- Andre R. Barry, Nathan D. Clark (Cline Williams Wright Johnson & Oldfather, L.L.P.)

Civil:  Libel, defamation

Proceedings Below:   The district court granted Appellee’s motion for summary judgment.

Issues:  Appellant alleges that the district court made the following errors: 1) in overruling Appellant’s objections to testimony of Gary Young and Tom McCarty, 2) in finding that Appellant’s false light claim was subsumed by his defamation claims, 3) in finding that Appellant’s claim for civil conspiracy failed because it purportedly could not exist as an independent tort, and 4) in granting Appellee summary judgment finding certain statements were absolutely privileged.

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