Civil action authorized; damages, procedure; limitation.

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48-3608. Civil action authorized; damages, procedure; limitation.

(1) A student-athlete or a postsecondary institution aggrieved by a violation of the Nebraska Fair Pay to Play Act may bring a civil action against the postsecondary institution or collegiate athletic association committing such violation.

(2) A plaintiff who prevails in an action under the Nebraska Fair Pay to Play Act shall be entitled to:

(a) Actual damages;

(b) Such preliminary and other equitable or declaratory relief as may be appropriate; and

(c) Reasonable attorney's fees and other litigation costs reasonably incurred.

(3) A public postsecondary institution may be sued upon claims arising under the Nebraska Fair Pay to Play Act only to the extent allowed under the State Tort Claims Act, the State Contract Claims Act, or the State Miscellaneous Claims Act, except that a civil action for a violation of the Nebraska Fair Pay to Play Act may only be brought within one year after the cause of action has accrued.

Source

  • Laws 2020, LB962, § 8.

Cross References

  • State Contract Claims Act, see section 81-8,302.
  • State Miscellaneous Claims Act, see section 81-8,294.
  • State Tort Claims Act, see section 81-8,235.


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