SEMO Services, Inc. v. BNSF Railway Company (2022)

Citation: SEMO Services, Inc. v. BNSF Railway Company (2022)
Parent Document: SEMO Services, Inc. v. BNSF Railway Company (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-12-13
Original Source: https://www.courtlistener.com/opinion/10630559/semo-services-inc-v-bnsf-railw... ↗

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Conversely, SEMO asserts that the law recognizes injurious falsehood as a separate cause
of action which exists independently of a defamation claim. State ex rel. BP Prod. N. Am. Inc. v.
Ross, 163 S.W.3d 922, 927 (Mo. banc 2005). We note the “[djefamation analysis applies to ...
injurious falsehood.” Kintz, 162 S.W.3d at 156, n.4 (citing Kennedy v. Microsurgery and Brain
Research Institute, 18 S.W.34 39, 43-44 (Mo. App. E. D. 2000)). Further, dismissal is the proper
remedy when the alleged defamatory statement is the basis of the claim but it is not actionable.
Others First, Inc., 829 F.3d at 580.

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