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Missouri Libel & Slander Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in Libel & Slander for Missouri on
Q: i was given wrong court date from the Judge for my case and what are my options?

Renting 2 53' semi trailers for storage, they did not take a payment prior to serving me with court papers.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 27, 2020

I don't know the facts about your court date. If the court erred as to the date, then you can file an appropriate motion seeking to excuse you from the consequences of missing the court date. This is not a libel or slander matter and the court would be entitled to judicial immunity.... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for Missouri on
Q: Someone has claimed that I specifically have assaulted a woman in Walmart on Monday, 18th of May, 2020, around 6pm.

I know I didn’t do it.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 21, 2020

You didn't ask a legal question but if you are wondering what to do you could contact a local criminal defense attorney if you thing there will be charges against you.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Libel & Slander for Missouri on
Q: Do I have to sign a new lease under property manager for apartment I've lived in 8 yrs under the same lease by landlord?

property manager lied to landlord stating I am 3 mos. behind to get me evicted when I owed Feb. rent of $525, $25 for Jan., and $10 from October. I knew I owed Feb. rent because it was 13 days late with $10 a day late fee. I paid it all in their office, Feb. 14. Was handed 30 eviction for refusing... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 1, 2020

You didn’t state when the current lease term ends. Here is what matters:

1. Is the lease term ending soon? If so, that’s all that really matters. A landlord isn’t required to renew a lease or enter into a new lease with you.

2. Are you in breach of the current lease?...
Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

2 Answers | Asked in Libel & Slander for Missouri on
Q: Can someone use a listening device to make a recording of me talking on the phone in a car?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 25, 2019

Your question is not an issue of defamantion.

Missouri is a one-party state as to recording of calls. That means one party to the conversation can record the call even without the other's permission. A person not a party to your call should not record your call if you had a...
Read more »

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1 Answer | Asked in Civil Litigation and Libel & Slander for Missouri on
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... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 25, 2019

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... Read more »

1 Answer | Asked in Libel & Slander for Missouri on
Q: Should I sue if an employee of a company slandered my name to fellow co workers and also my fiances father?

The woman stated I made a scene hit a glass window and pretty much blew up on her when I simply asked why the woman in front of me wasn't asked for her identification when I was I stated I was a regular there and when the lady told me if I didn't look 27 they had to its the law I said... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 9, 2019

You put your question under the libel & slander category but you’ve not described any defamatory statement.

Regardless, not every wrong warrants a lawsuit. I doubt you’d want to spend thousands of dollars hiring a lawyer to bring the lawsuit that you envision.

1 Answer | Asked in Libel & Slander for Missouri on
Q: My ex lied to a home renter when they called him to verify I lived there for 9 years and he claimed I never paid

He also stated he had me evicted which is a lie and prevented me from getting a place to live. Can I sue for slander?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 24, 2019

You may indeed sue for defamation. Better questions are:

1. How much have you been damaged in dollar terms?

2. If you sue and get a judgment will it be collectible?

3. How many thousands of dollars are you willing to spend to hire an attorney to litigation the case?...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Missouri on
Q: Am I being harassed at work? Am I legally in the wrong, or am I right? I need help. Facing being fired.

Recently, I doodled on a medical document and upon finding out that it was prohibited, I told the Dir. of quality control, who then told me "Its okay.It happens" later on an incident with a coworker happened where she thought I posted a Facebook status about her. She kept texting me and I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 30, 2019

You aren’t going to want to hear this, but Missouri is an employment-at-will state. For termination purposes, it’s irrelevant whether your employer is mean or unfair. It cannot fire you on account of race, religion, national origin, etc., but can fire you over believe you did something... Read more »

1 Answer | Asked in Libel & Slander, Family Law and Civil Rights for Missouri on
Q: Whether I should do a cease and desist order first or Sue for Defamation Of Character

I had two ex friends get a restraining order against me in May 2018 but, got dismissed in July 2018. Now, I come to find out from mutual friends that since August 2018 to now that they have been telling lies and rumors about me that are not true to other mutual friends and keeping others from... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 27, 2019

I'm not sure what you mean by a "cease and decist order." Unless you are a judge, you cannot issue a court order. Perhaps you meant to ask whether you should send a "letter" first. If so, that's usually a good idea.

Defamation cases in Missouri are generally...
Read more »

1 Answer | Asked in Business Formation, Car Accidents, Civil Litigation and Libel & Slander for Missouri on
Q: My car was stolen march 29th took on a high speed chase and they crashed my car I was contacted buy highway patrol I ask

The officer I was on my way cop told steves towing I was on my way get the car officer said the tow truck driver rushed get my car on the truck to where I had pay 600 for them to drop it and they was told don't load my car up my insurance doesn't use steves towing now steve that owns the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

Tell the local cops what highway patrol said or ask highway patrol to straighten him out. Towing is a racket and they are allowed to charge huge amounts for nothing.

1 Answer | Asked in Identity Theft and Libel & Slander for Missouri on
Q: What can I do when when someone excuses you of stealing from their store but you didn't do it
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

If someone falsely accuses you of stealing you can deny the accusation. Without more facts, I'm not sure what to tell you. I don't know if there are criminal charges against you, whether any harm has resulted from the false accusation, or what you want to do.

1 Answer | Asked in Identity Theft and Libel & Slander for Missouri on
Q: What can i do if someone excuses me of stealing

But I didn't ndonit

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

If someone falsely accuses you of stealing you can deny the accusation. Without more facts, I'm not sure what to tell you. I don't know if there are criminal charges against you, whether any harm has resulted from the false accusation, or what you want to do.

1 Answer | Asked in Personal Injury, Health Care Law, Libel & Slander and Medical Malpractice for Missouri on
Q: This is a case of breach of confidentiality between a counselor/therapist and patient.

This is a case of breach of confidentiality between a counselor/therapist and patient, where the breach has and will continue to affect the patient emotionally for not only as long as the patient lives at her current address, but forevermore due to the entire nature of the breach. There is solid... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Generally no, because there is no remedy for most breaches of confidentiality. Contact a member of the Mo. Assn for Justice as they give free consults.

1 Answer | Asked in Libel & Slander and Personal Injury for Missouri on
Q: Is this libel?

My ex filed a petition for modification of a final judgement seeking sole custody and the temporary and permanent removal of my parental rights concerning our minor child in Oct 2015. He and his lawyer concocted a 3 page petition, knowing that everything was false, the information having stemmed... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 17, 2016

Generally in court statements aren't subject to libel as it's presumed the court system has ways of dealing with this (perjury, subornation of perjury, etc). Discuss with your lawyer. Enjoy --if you are correct it can only damage their case.

1 Answer | Asked in Personal Injury, Education Law and Libel & Slander for Missouri on
Q: What type of lawyer is best to represent a student in a matter in question at a University?

After reading, it looks like Education Lawyers represent more the institutions rather than families or students. We are in need of a lawyer that can strongly represent the student in a matter with student vs. a University. What type of lawyer are we looking for?

Peter N. Munsing
Peter N. Munsing answered on Aug 5, 2016

Look for a member of the Mo. Trial Lawyers Association that represents students.Most of those will handle hs injry/special ed type situations. If it's a disciplinary type issue then you need someone that handles those issues.

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