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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This alternative to the statement’s falsity in the second element of the Restatement
(Second) of Torts § 623A (1977), reads the tortfeasor “knows that the statement is false or acts in
reckless disregard of its truth or falsity.” Restatement (Second) of Torts, § 623A (1977). As
discussed in our analysis of Point I, BNSF’s actions were not reckless when distributing the
August 20 email with the August 17 letter attached. In an effort to ensure that BNSF was not
conducting business with SEMO and the additional few contractors under investigation, BNSF
distributed this communication to the field employees to protect its interests and ensure business
with SEMO had ceased.

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