Opinion
4:99CV3294
June 16, 2000
MEMORANDUM AND ORDER ON THE DEFENDANT'S MOTION TO DISMISS
This matter comes before me on the defendant's Motion to Dismiss, filing 11, for failure to state a claim. In particular, the defendant argues that the second cause of action, which stems from the defendant's alleged deceptive trade practices, seeks a form of relief that is not recoverable under the Uniform Deceptive Trade Practices Act of Nebraska, Neb Rev. Stat. § 87-301 et seq. For the following reasons, I shall deny the motion.
The plaintiff's second cause of action is brought under Nebraska's Uniform Deceptive Trade Practices Act. This act, the defendant argues, allows for just one specific type of relief, a type of relief that the plaintiff, in its complaint, does not request — injunctive relief. I disagree. This act states that "[t]he provisions of section 87-301 to 87-306 shall not bar any claim against any person who has acquired any money or real or personal property by means of any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01." Neb. Rev. Stat. § 87-303.06.
IT IS THEREFORE ORDERED that the defendant's Motion to Dismiss, filing 11, is denied.