Joplin, MO asked in Civil Litigation and Libel & Slander for Missouri

Q: A local competitive Audiologist is using slander against my company and myself, Happened over 5 times now, what can I do

He works under our local ENT whom my patients visit for other issues and then it turns into a hearing test and recommendation they buy hearing aids from him. He asks how much they paid and whom he bought from? Then he slanders and bad mouths the price they paid and me personally, since I have done this 13 years and do very well all 13 years, I have a good reputation in town! This needs to stop, either by suing him for damages or him getting his license revoked!

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: I'm sorry to hear about your situation. In order to form an opionion as to whether you've been defamed and whether it would be worth suing for defamation, I would need to know what was said, when, and other information relevant for a defamtion claim. Defamation cases are difficult under Missouri law, but if some is lying about you or your business and you can quantify the harm being done, it may be worth pursuing in court or at least having a stern cease-and-desist letter written on your behalf.

Here's a link to an oft-cited Missouri Suprem Court case on defamation, Nazeri v. Mo. Valley Coll., 860 S.W.2d 303 (Mo. banc 1993).

https://scholar.google.com/scholar_case?case=18144203630447282264&q=misosuri+defamantion&hl=en&as_sdt=4,26

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

www.sl-lawyers.com

Direct: (636) 733-6647

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.