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Attorney David Domina Delivers Rebuttal to the Nebraska Supreme Court

A large grain trading and storage company approached local economic development officials about tax abatements and benefits to build a new facility. The company promised jobs and economic stimulus for the community.

The plaintiff sued, alleging that the behavior violated Nebraska's Consumer Protection.

The plaintiff, represented by Domina Law Group pc llo, contends those in control of information engaged in activities, including violations of the Public Meetings Act to keep the citizens from learning about the deal and to suppress information for public scrutiny. This was done to prevent the development of opposition to tax incentives.

“’The essential ingredient of an antitrust case is the suppression of competition.’” said attorney David Domina during his rebuttal. “In this case what’s happening is that we are not alleging that we think it’s wrong that a new competitor is coming into our market. We haven’t criticized the entry of a new competitor, we have only said we should have been given an opportunity to speak on the question, does that new competitor get tax incentives, tax breaks, and other governmental advantages to become an entrant into the market.”

The plaintiff further claims that some of the defendants had a duty to abate public meeting law, while others joined the conspiracy with those under such a duty and thereby became liable for the consequences of the information suppression.

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