Lawyers, Answer Questions  & Get Points Log In
Missouri Libel & Slander Questions & Answers
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
PREMIUM
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: 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
PREMIUM
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: 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
PREMIUM
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
PREMIUM
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

View More Answers

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
PREMIUM
Ronald J. Eisenberg
answered on Jul 4, 2022

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

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... Read more »

Ronald J. Eisenberg
PREMIUM
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...
Read more »

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... Read more »

Ronald J. Eisenberg
PREMIUM
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...
Read more »

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
PREMIUM
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... Read 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
PREMIUM
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
PREMIUM
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... Read 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... Read more »

Ronald J. Eisenberg
PREMIUM
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... Read 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... Read more »

Ronald J. Eisenberg
PREMIUM
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...
Read more »

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

View More Answers

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.