Missouri General Practice Legal Questions

If this happened on the job, then you can apply for Worker's Comp, and then sue the restaurant manager individually. You may have trouble collecting if he isn't wealthy. But if you were a patron and the restaurant manager attacked you, you may be able to sue the restaurant if the manager was acting out of a financial interest of his employer, or was hired by the restaurant despite having a past history of violence. Those are the general rules, but there are some exceptions. You should contact counsel for a full and complete analysis of the facts.... Read More

So anybody who wants to visit the United States has to apply for a tourist visa at the US consulate in their home country. There is no requirement that their host "sponsor" them. In order to qualify for a tourist visa, the foreign national would need to provide the consulate officer her tax returns showing a stable income, and A deed to property ownership, showing both an appraised value and how much equity is in the home. These documents are necessary because they will convince the US consulate that the Foreign national will be motivated to return to China upon the completion of their visit.... Read More

If I understnad you correctly, you had a contract with the company to provide you with tickets and merchandise in exchange for $100.  The company breached the contract  by failing to provide the merchandise.  Assuming that these are the facts, this is a classic breach of contract claim.... Read More

You can sue your friend for breach of contract in not repaying the loans within either the time agreed, or within a reasonable time.  You can do so in small claims court assuming no jurisdictional issues, i.e. many small claims courts do not allow suits against residents of other states; you would have to sue in a court of general jurisdiction.... Read More

If someone deliberately lied about you to another, you may have a claim against them for libel (written defamation) and/or slander (oral defamation).   This means an intentional misstatement of fact, not a statement of opinion.  Generally, the statute of limitations on a defamation claim is short, for example in New York it is 1 year from the defamation.  Also, if someone was negligent and made a mistake about you, you may have a claim for negligent misrepresentation depending on what that person's relationship was to you.  I don't know if you could successfully assert such a claim against a co-worker in MO.... Read More

I don't know MO law specifically, but if it is similar to the law in the jurisdictions in which I practice, there is no way to completely immunize yourself from liability, but the "no trespassing" sign might help (although I wonder whether any reasonable person old enough to read the sign would think that they had permission to trespass if there was no sign.)  If someone gets hurt on your property, the question will be whether you were negligent, and whether your negligence caused the damages.  For example, if you have a swing set on your property, and a child should trespass on your property and have an accident on the swing set, your liability will depend on whether such an accident was forseeable (it seems to me forseeable that a child might be drawn to a swing set, and that a "no trespassing" sign is insufficient to ensure that doesn't happen), and whether you took reasonable steps to prevent it from occurring (for example, having a fence around the yard, etc.)  A "no trespassing" sign would not, in my opinion, help you much in such a context.  If, however, the accident occurred when an adult Jehovah's Witness slipped on your walk, which was cracked and uneven, a jury might think that the sign was all the precaution needed.  The standard is reasonableness, which is not subject to a bright line test, particularly when predicting what might occur in the future, although sometimes there are statutory gudielines (for example, the town code may provide that you can't have a pool unless you have a six foot high fence surrounding it, or can't have a swing set unless you have a mat or similar soft surface underneath.)... Read More

It probably is not illegal to sell the car with a lien on it, just like you can sell a home with a mortgage lien on it.  The buyer just takes the car, or home, subject to the lien.  However, it may be well have been fraud for the dealership to have sold you the car without teling you about the lien.... Read More

Probate (which might be called something else when the decedent leaves no will) is the mechanism by which those left behind get authority to deal with the decedent's affairs.  In other words, you get a court order through the probate proceeding.  If no one is fighting, it shouldn't be that big a deal.... Read More

The "legal area" would depend on what the case was about.  For example, is it a breach of contract case?  An employment discrimination case?  A defamation case?  A negligence case?  If you describe the circumstances of your case to your local bar association, they may be able to recommend an attorney who has experience in the particular field you need.... Read More

Because this woman has intentionally sent emails to residents of this country, and these emails are the basis for your lawsuit, a court in the united states would probably have jurisdiction to hear your suit.  However, as a practical matter, she probably will not appear in the action, and, even if you win a judgment,  it may be difficult (but not impossible, at least if she has the wherewithall to pay the judgment) to enforce a default judgment against a Scottish resident.... Read More