Kansas Civil Litigation Legal Questions

Arbitration is by agreement, so unless you have an agreement to arbitrate this dispute, or can get one, you can't arbitrate it.  Moreover, you are correct that civil suits are long and expensive but arbitrations, while generally shorter, can be just as expensive.  Also, while the costs of a civil suit are generally more concentrated at the end (there's plenty of expense in earlier stages, but the greatest expense is preparing for and conducting a trial) so that you can get off relatively cheaply if you settle the case early, arbitration expenses are more frontloaded.  There are, depending on the amount at issue, substantial fees involved in starting an arbitration.  You might consider starting a lawsuit and then trying to mediate the dispute through the Court; most courts have mediation programs available.... Read More

 Libel  and slander or more commonly referred to as defamation.   Defamation is the making, publishing, disseminating, or circulating any oral or written statement that is false or maliciously critical of or derogatory  to the financial condition of any person  which is calculated to injure  such person. KSA 40-2404  Deformation  is criminal. KSA 21-4004. Criminal deformation requires proof as actual hours with evidence beyond a reasonable doubt. This is a very high standard of proof and I can’t understand why a prosecutor would not want to file charges. Criminal deformation requires proof of actual malice with evidence beyond a reasonable doubt. This is a very high standard of proof and I can’t understand why a prosecutor would not want to file charges.   You can file a civil lawsuit to stop  The defamation. You must prove that the statements or false And made negligently or maliciously. The burden of proof is preponderance of the evidence, which is a skate all showing that your evidence tips the scale in your favor, even if ever so slightly. A defamation lawsuit must be filed within one year from the slanderous statements.... Read More

Does the caption under the photo say that you were a convicted sex offender, or that you were arrested for a sex offense?  The first is false, and defamatory - you can sue for libel.  The second is literally true, and you would probably only have a case for libel if you can show that the website was being deliberately misleading, and implying, falsely, that you had been convicted of the crime.... Read More

Your brother can sue, because anyone can sue for anything, but whether you can get his case dismissed based on the prior ruling depends on two things.  First, was his earlier case dismissed on the merits?  If it was dismissed because, for example, the Court held that the statute of limitations had passed on his claims, that would be on the merits.  If it was dismissed, for example, because the Court held that he had not properly served you, that would not be on the merits, and he could sue again.  Second, assuming that his earlier case was not dismissed on the merits, has the statute of limitations has run out in the interim since the first case was dismissed.... Read More

While I'm not familiar with the law of Kansas particularly, generally you can't file a lien against someone's property unless you either have their permission (for example, when you take out a mortgage loan, you give the lender permission to place a lien on your home) or you have already obtained a judgment against them.  In rare cases you may be able to get a prejudgment writ of attachment against a defendant's assets, but there is nothing in your question to suggest that you can meet the requirements to get that relief in your case.... Read More

     He can sue (anyone can sue for anything), but whether he would win depends on whether he can convince the Court either:      (a) that you misrepresented the truck to him as being a 2001 model, that he relied on that misrepresentation in deciding to buy the truck for the price he paid, that his reliance was reasonable, and that the misrepresentation was material (i.e. that the difference between a 2001 model and a 2000 model is something an ordinary buyer would consider when deciding whether to buy a truck); or      (b) that the two of you entered into the contract for you to sell the truck to him based on a mutual mistake, i.e. the mistaken belief that the truck was a 2001 model and not a 2000 model.... Read More