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Missouri Libel & Slander Questions & Answers
1 Answer | Asked in Libel & Slander for Missouri on
Q: Can I sue my previous employer for defamation of character, harassment, and bullying?

My former employer has posted on Facebook that I’ve stolen money from them with no evidence, no proof, no charges filed, and no police investigation of any type. They posted on Facebook and asked the members of the community to come forward if I have done any work in their vehicles and have them... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 14, 2024

You should schedule a consultation with a Missouri attorney. Defamation cases are tough in Missouri. To succeed, you’d need to prove that the statement was not only false and not privileged, but also that you suffered actual damage as a result. The unpaid wages is a separate issue. $40k is a... View More

1 Answer | Asked in Banking and Libel & Slander for Missouri on
Q: Can I sue the bank or the employee that gave out my confidential information to the public about my loan

A person off the street ask an employee about our personal information at the bank and the employee told them everything and they in turn spread it all over town, and we signed a letter stating everything was confidential.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 13, 2023

This isn't defamation. Defamation requires a false statement that damages you. You could sue for something else, but unless you've been financially harmed, my guess is that it won't make financial sense for you to pay an attorney to file suit for you.

1 Answer | Asked in Libel & Slander for Missouri on
Q: How to sue someone for injury of tort in Missouri?

Someone is using the court system with false statement s to emotional and mentally hurt me?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 25, 2022

The litigation privilege is an absolute defense to a defamation claim. Depending upon the facts you might be able to sue for abuse of process or malicious prosecution if the case ends in your favor. Hire an attorney for a consultation.

1 Answer | Asked in Libel & Slander for Missouri on
Q: defamation to post a picture of a man in a Facebook group page for women to warn other women not to date this man for

Various reasons. Liar, cheater, uses women and moves to the next?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 31, 2023

Defamation requires an objectively false statement.

1 Answer | Asked in Civil Litigation, Internet Law and Libel & Slander for Missouri on
Q: Would there be legal recourse to someone posting dating related history on social media under the name of the accused?

Missouri- A friend was posted in the group Are we dating the same guy which is a newer Facebook group where women can post about men to warn other women. There were many comments about how he has cheated, lied, insists on not wearing condoms while telling girls he is exclusive and other not great... View More

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

If the history posted is substantially true, then the person likely has no legal recourse.

1 Answer | Asked in Libel & Slander for Missouri on
Q: can a person file a suit on defamation after a case was dismissed with prejudice?

i am out of work due to being on the news saying i starved my child it was dismissed and i did nothing wrong no one will hire me the news stations wont correct it to change my life being ruined

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 26, 2022

A dismissal with prejudice is the same as if the case were tried on the merits and you lost. You aren’t entitled to a do-over. Defamation cases in Missouri are tough.

1 Answer | Asked in Libel & Slander for Missouri on
Q: I’m a supervisor at my job in Missouri and one of my workers recorded me without me knowing is this legal
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 23, 2022

Missouri is a "one party" state for recording calls. Other states, like California, outlaw recording calls without the other party's knowledge.

1 Answer | Asked in Libel & Slander for Missouri on
Q: If I accuse someone of a crime and the statue of limitations has expired, can I lose a defamation lawsuit?

I have all the evidence to each of the elements of the crime. Thus showing crime WAS committed, just not charged or prosecuted.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 11, 2022

I doubt you’d lose because the SOL has run, unless you falsely state that the person has been convicted. There are any number of reasons you could lose a defamation suit, however. Litigation is unpredictable.

3 Answers | Asked in Admiralty / Maritime and Libel & Slander for Missouri on
Q: We were told we have a strong case against a cruise line. Not sure how to proceed.
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 9, 2022

Contact a local attorney experienced with defamation cases. They are tough cases under Missouri law because you must prove actual damages. Here is a link to the leading Missouri Supreme Court case on defamation.

https://law.justia.com/cases/missouri/supreme-court/1993/75201-0.html

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1 Answer | Asked in Libel & Slander for Missouri on
Q: Can I sue my soon to be ex-wife for defamation during a divorce in Missouri?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 4, 2022

Courtroom testimony is generally subject to an absolute privilege in a claim for defamation.

2 Answers | Asked in Libel & Slander, Gov & Administrative Law and Legal Malpractice for Missouri on
Q: Suing the court for defamation but trial still ongoing. Been 3years. Too late? Wanted to wait til after trial
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 22, 2022

Judicial immunity will likely preclude such a case by you.

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1 Answer | Asked in Libel & Slander for Missouri on
Q: I know defamation and libel is hard to prove in Missouri but I feel like we have a case here.

Me and my wife have been attacked by a couple in our town for weeks now. Numerous posts on FB and numerous videos saying things that have been proven false. My wife is a teacher in our town and they have made numerous posts attacking her career as well and its getting severely out of hand. We have... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 16, 2022

Your next step is to schedule a consultation with an attorney who understands and has experience with defamation matters under Missouri law. Generally, a cease and desist letter from an attorney is a good first step before jumping into litigation.

I am sorry that you and your wife are...
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1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Libel & Slander for Missouri on
Q: Should this be small claims, which state to file if so?

I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 18, 2022

It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.

Whether you hire an attorney to sue will depend largely on whether...
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1 Answer | Asked in Employment Law, Libel & Slander and Small Claims for Missouri on
Q: Can I sue my ex-employer for falsely accusing of theft with in investigative before I was fired and then threaten me

To pay back money that was not stolen from them and had me come in after I was fired to train someone to use computer I have emails were they say I stoled from them with I didn’t, I have proof. Can I sue for defamation of character I had 10yr with them with never one issue

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 20, 2021

Defamation cases are tough and expensive in Missouri. If your employer merely sent false emails to you and terminated your employment because it believed you committed theft, then you don't have a basis for a defamation suit in Missouri. Defamation requires publication of the false statement... View More

1 Answer | Asked in Libel & Slander for Missouri on
Q: Is it liable for someone to knowingly falsely say that someone else is a child molester to hurt their reputation
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 13, 2021

In Missouri, defamation claims are tough. It’s not enough to prove a false statement was made, a plaintiff must also prove actual damages.

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Libel & Slander for Missouri on
Q: What steps do I need to take to get deposit back

I can't relocate at this moment

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 28, 2021

You've not provided any facts so there's no way to determine whether you are entitled to a return of your security deposit. If you are looking to terminate your lease before the agreed-up term expires, then it is unrealistic to believe that your landlord will simple agree to a mutual... View More

1 Answer | Asked in Domestic Violence, Family Law, Juvenile Law and Libel & Slander for Missouri on
Q: What should be included in a written submission to the child abuse and neglect review board to defend against false all?

How do I refute/overturn a preponderance of evidence that supports finding of neglect?

Shall I go about disproving what was recorded in their wildy false and egregious reports?

Or is there a specific rubric or factors that determine their decision?

Caroline Bundy
Caroline Bundy
answered on Jan 27, 2021

In order to better advise you on your situation, I would need to know more information about the specifics of your case. I'd highly recommend retaining an experienced family law attorney for the matter.

1 Answer | Asked in Libel & Slander for Missouri on
Q: Libel question regarding the comments section of a local/regional online forum for neighborhood residents.

I recently commented on a forum post. The situation I commented on was odd and many people questioned it, including me. My comment was a bit disrespectful, another poster gave more information, which led me to apologizing publicly & going on to support the poster. In this process, a woman... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 25, 2020

Based on the information you shared, I don't think you'd have a viable case for defamation for two reasons. First, you haven't articulated any objectively false statement she made about you. Second, you haven't articulated any damages that you suffered. Hurt feeling are not... View More

1 Answer | Asked in Libel & Slander for Missouri on
Q: Is this slander?

I was at work clocking in at our time clock, when one of my coworkers was talking very loudly about a situation that happened that morning that involved me ,but not her, she was speaking to our boss very rudely about me, cursing telling him that I was bitching and shouldn’t have talked to another... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 5, 2020

Defamation cases in Missouri are difficult and expensive.

You haven't identified anything said that was objectively false (as opposed to opinion). Someone saying that you were "bitching and shouldn’t have talked to another person in a certain manner" is a statement of...
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1 Answer | Asked in Libel & Slander for Missouri on
Q: Can a customer sue me over an argument . She claims I called her a racial slur which I did not

Yesterday I got into an argument with a customer she claims I called her a racial slur and discriminated against her. I did not call her anything and we're of the same race. We're both mexican and I work in a Mexican restaurant. The only people there at the time was her and her friend and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 15, 2020

Anyone can sue anyone for anything. I understand that you are saying you didn't call her a racial slur but even if you did that would not support a claim for defamation because, among other things, defamation requires and objectively false statement rather than opinion, as well as resulting... View More

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