Nebraska § 59-1608 Attorney General; restrain prohibited acts; costs; restoration of property

Nebraska Statutes

§ 59-1608 — Attorney General; restrain prohibited acts; costs; restoration of property

Nebraska § 59-1608

Ch. 59Monopolies and Unlawful Restraint of Trade

This text of Nebraska § 59-1608 (Attorney General; restrain prohibited acts; costs; restoration of property) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 59-1608 (2026).

Text

(1)The Attorney General may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by the Consumer Protection Act. The prevailing party may, in the discretion of the court, recover the costs of such action including a reasonable attorney's fee.

(2)The court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any act prohibited in the Consumer Protection Act.

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(1) The Attorney General may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by the Consumer Protection Act. The prevailing party may, in the discretion of the court, recover the costs of such action including a reasonable attorney's fee.
(2) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any act prohibited in the Consumer Protection Act.

Legislative History

Source: Laws 1974, LB 1028, § 15; Laws 2002, LB 1278, § 23. Annotations: Ticket seller was not a "prevailing party," as would support award of attorney fees under Nebraska's Consumer Protection Act and Uniform Deceptive Trade Practices Act following dismissal of the State's consumer protection suit where the State chose to voluntarily dismiss its claims before any judicial determination could be made as to their merits. State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606, 924 N.W.2d 664 (2019). Restoration of the purchase price under the Nebraska Consumer Protection Act rests within the discretion of the trial court; its ruling will not be disturbed on appeal in the absence of an abuse of that discretion. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986). The awarding and amount of an attorney fee under the Nebraska Consumer Protection Act rest in the sound discretion of the trial court; the Nebraska Supreme Court will only interfere where the allowance is clearly excessive or insufficient. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986). The Nebraska Consumer Protection Act is equitable in nature; as such, trials thereunder are to the court. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).