Intentional Infliction Of Emotional Distress

1,636 Florida cases classified under this topic, plus 8 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Howard A. Engle, M.D. v. Liggett Grp., Inc.
  945 So. 2d 1246· Fla.· 2006-12-21 ·cited 544×
  This landmark case addresses the decertification of a nationwide tobacco class action and reverses a $145 billion punitive damages award while reinstating most compensatory damages to two of three class representatives. The Florida Supreme Court held that the Florida Settlement A
• Clark v. Coats & Clark, Inc.
  929 F.2d 604· 11th Cir.· 1991-04-19 ·cited 518×
  The district court improperly construed summary judgment law by misapplying Celotex, failing to assess the movant's initial burden.
• Metro. Life Ins. Co. v. McCARSON
  467 So. 2d 277· Fla.· 1985-03-07 ·cited 338×
  Florida recognizes intentional infliction of emotional distress as a tort, but an insurer's assertion of contractual legal rights regarding proof of Medicare ineligibility does not constitute extreme and outrageous conduct qualifying for this tort. Additionally, a dependent spous
• Rupert B. Brown v. The Est. OF A.P. Stuckey, Sr.
  749 So. 2d 490· Fla.· 1999-08-26 ·cited 326×
  The Florida Supreme Court held that trial judges have broad discretion to grant new trials when verdicts are contrary to the manifest weight of the evidence, and that appellate courts must apply a reasonableness test rather than the substantial competent evidence standard when re
• Red Mendoza v. Borden, Inc.
  195 F.3d 1238· 11th Cir.· 1999-11-16 ·cited 140×
  Red Mendoza brought a Title VII hostile-environment sexual harassment claim against her former employer Borden, Inc., alleging that her supervisor Daniel Page engaged in unwelcome conduct including staring, following, making sniffing motions, one instance of hip contact, and one
• Byrd v. Richardson-Greenshields Sec., Inc.
  552 So. 2d 1099· Fla.· 1989-10-26 ·cited 137×
  The Florida Supreme Court held that workers' compensation does not provide the exclusive remedy for claims based on workplace sexual harassment. The court determined that sexual harassment claims alleging assault, battery, and intentional infliction of emotional distress can proc
• Fridovich v. Fridovich
  598 So. 2d 65· Fla.· 1992-04-02 ·cited 136×
  The Florida Supreme Court held that defamatory statements made by private individuals to police or prosecutors prior to filing criminal charges are qualifiedly privileged, not absolutely privileged, allowing plaintiffs to sue for defamation if they prove the statements were false
• Jews FOR Jesus, Inc. v. Rapp
  997 So. 2d 1098· Fla.· 2008-10-23 ·cited 132×
  The Florida Supreme Court declined to recognize false light invasion of privacy as a distinct tort, holding that it substantially overlaps with defamation and lacks First Amendment protections. The Court affirmed that defamation by implication exists as a valid theory and adopted
• Philip Morris USA, Inc. v. Douglas
  110 So. 3d 419· Fla.· 2013-03-14 ·cited 128×
  The Florida Supreme Court affirmed that the Phase I findings from the Engle class action tobacco litigation have res judicata effect in individual damages actions, allowing class members to establish the defendants' common liability without relitigating conduct and defect element
• Nilesh S. Patel v. Smith
  969 F.3d 1173· 11th Cir.· 2020-08-11 ·cited 123×
  A deputy sheriff placed a pretrial detainee in an unventilated, un-air-conditioned transport van for approximately two hours, during which the detainee lost consciousness and showed signs of heat exhaustion. The court held that although the deputy violated the detainee's Fourteen
• VON Stein v. Brescher
  904 F.2d 572· 11th Cir.· 1990-06-27 ·cited 121×
  The court held that the officers were entitled to qualified immunity for the arrest because arguable probable cause existed, and that the plaintiff's defamation claim under Section 1983 failed because it did not allege the deprivation of a tangible interest beyond reputation.
• Samuel W. Brown, M.D. v. Fed'n OF State Med. Bds. OF THE United States
  830 F.2d 1429· 7th Cir.· 1987-09-22 ·cited 114×
  The court held that while the district court correctly imposed Rule 11 sanctions, it abused its discretion by failing to specify the basis and computation of the award, requiring a remand for redetermination.
• Waltman v. Int'l Paper Co.
  875 F.2d 468· 5th Cir.· 1989-06-16 ·cited 111×
  The court held that the employer may be liable for sexual harassment by coworkers if the employer knew or should have known of the harassment and failed to take prompt remedial action.
• Chuy v. The Philadelphia Eagles Football Club (sued as "The Philadelphia Eagles")
  595 F.2d 1265· 3d Cir.· 1979-03-09 ·cited 110×
  The court held that the trial court erred in not submitting to the jury the question of whether the average reader understood Dr. Nixon's statements as tending to injure Mr. Chuy's professional reputation, necessitating a remand for a new trial on the defamation claim.
• R.J. and P.J. v. Humana OF Fla., Inc.
  652 So. 2d 360· Fla.· 1995-03-02 ·cited 108×
  The Florida Supreme Court held that the impact rule—requiring physical injury to recover damages for emotional distress—applies to negligence claims based on erroneous HIV diagnoses. The court affirmed the impact rule's continued validity but permitted the plaintiff to amend his
• Bittner v. Sadoff & Rudoy Indus.
  728 F.2d 820· 7th Cir.· 1984-02-07 ·cited 107×
  The court held that an order declaring entitlement to attorney's fees under ERISA is appealable even if the amount is not yet determined, and that the district court should reconsider the fee award under a 'substantially justified' standard, not a frivolousness standard.
• Liggett Grp. Inc. v. Howard A. Engle, M.D.
  853 So. 2d 434· Fla. 3d DCA· 2003-05-21 ·cited 104×
  The Third District Court of Appeal reversed a massive class action judgment against tobacco companies, decertifying the smokers' class and reversing a $145 billion punitive damages award. The court held that certification of smokers' class actions violates predominance and superi
• Galella v. Onassis
  487 F.2d 986· 2d Cir.· 1973-09-13 ·cited 102×
  The court denied the petition for rehearing en banc, finding the panel's decision did not present a substantial question of unusual importance warranting such review.
• Ronda C. Weinstock, PH.D. v. Groth
  629 So. 2d 835· Fla.· 1993-12-23 ·cited 101×
  The Florida Supreme Court held that licensed clinical psychologists are not "health care providers" under Florida's Comprehensive Medical Malpractice Reform Act of 1985, and therefore plaintiffs suing psychologists need not comply with the Act's presuit notice requirements. The C
• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Rutledge v. Ariz. Bd. OF Regents
  660 F.2d 1345· 9th Cir.· 1981-11-12 ·cited 97×
  The court held that the Eleventh Amendment bars suits against the Arizona Board of Regents and ASU, but not against individual officials for common law torts. Claims under 42 U.S.C. § 1983 for assault and battery are barred by Parratt v. Taylor's due process analysis, and other c
• Rose v. Bartle
  871 F.2d 331· 3d Cir.· 1989-03-20 ·cited 89×
  The court held that the district court's notice of converting motions to dismiss into motions for summary judgment was ambiguous, denying plaintiffs adequate opportunity to oppose. However, the court will affirm in part and reverse in part based on whether plaintiffs could prove
• Steele v. Offshore Shipbuilding, Inc.
  867 F.2d 1311· 11th Cir.· 1989-03-15 ·cited 89×
  The court held that an employer is not liable for a supervisor's hostile environment sexual harassment if it takes prompt remedial action, and that a claim for invasion of privacy requires sufficient publication.
• Ponton v. Scarfone
  468 So. 2d 1009· Fla. 2d DCA· 1985-03-29 ·cited 89×
  A former employee appealed the dismissal of her complaint alleging wrongful termination, invasion of privacy, and intentional infliction of emotional distress following her rejection of her employer's sexual advances. The Florida appellate court affirmed the dismissal, holding th
• Robison v. VIA
  821 F.2d 913· 2d Cir.· 1987-06-17 ·cited 88×
  The court held that the force used by Harrison was not constitutionally excessive, and therefore summary judgment should be granted on the excessive force claim.
• White v. Rochford
  592 F.2d 381· 7th Cir.· 1979-02-13 ·cited 88×
  Police officers may not constitutionally abandon children in health-endangering situations after arresting their custodian, as such conduct violates the Due Process Clause.
• Stephens v. Geoghegan
  702 So. 2d 517· Fla. 2d DCA· 1997-10-17 ·cited 84×
  Police officers Stephens, Upman, and Worlds challenged a circuit court's denial of their motions for summary judgment based on immunity claims in a suit by retired officer Geoghegan, who was discharged after an officer-involved shooting but later reinstated through arbitration. T
• Donesta S. LAY and Larry R. Lay v. Roux Labs., Inc.
  379 So. 2d 451· Fla. 1st DCA· 1980-02-06 ·cited 84×
  The court held that the complaint failed to state a cause of action for intentional infliction of emotional distress, but sufficiently alleged employer liability for an employee's tort committed within the scope of employment.
• Robins v. Harum
  773 F.2d 1004· 9th Cir.· 1985-10-03 ·cited 83×
  The court held that an excessive use of force claim by law enforcement officers during the post-arrest transport of an arrestee is actionable under 42 U.S.C. § 1983 as a Fourth Amendment violation, and the Parratt analysis does not apply to such claims.
• Magnuson v. Burlington N., Inc.
  576 F.2d 1367· 9th Cir.· 1978-06-12 ·cited 82×
  The dissent argues that the state tort claim for intentional infliction of emotional distress should not be preempted by federal labor law, as it involves a significant state interest and minimal interference with the federal scheme.
• Maye G. Neil v. S. Fla. Auto Painters, Inc.
  397 So. 2d 1160· Fla. 3d DCA· 1981-04-28 ·cited 81×
  Neil sued South Florida Auto Painters (APCA) for assault, battery, false imprisonment, intentional infliction of emotional distress, and malicious prosecution arising from an incident at APCA's garage. The trial court dismissed the first three counts as compulsory counterclaims t
• Wagenmann v. Adams
  829 F.2d 196· 1st Cir.· 1987-09-09 ·cited 78×
  The court held that the arrest and imprisonment of the plaintiff were without probable cause, and that the jury's verdicts on false arrest and false imprisonment were supported by the evidence.
• Fed. Ins. Co. v. Allan H. Applestein & the Allan H. Applestein Found. Tr. & Robert Mackin
  377 So. 2d 229· Fla. 3d DCA· 1979-11-20 ·cited 78×
  Federal Insurance Company appealed summary judgments requiring it to defend and provide coverage for an intentional tort action against its insureds. The court held that the plaintiff's complaint allegations of malice and intent to harm triggered the policy's intentional injury e
• S. Baptist Hosp. OF Fla., Inc. v. Welker
  908 So. 2d 317· Fla.· 2005-04-14 ·cited 75×
  The Florida Supreme Court declined to answer a certified question about whether the impact rule bars recovery for emotional distress damages in a negligent interference with parental rights claim. Instead, the Court remanded for the trial court to first address whether such a cau
• R.J. Reynolds Tobacco Co. v. Howard A. Engle, M.D.
  672 So. 2d 39· Fla. 3d DCA· 1996-01-31 ·cited 75×
  In this interlocutory appeal of a class certification order in a tobacco products liability action, the Florida Third District Court of Appeal affirmed the certification of a nationwide class of smokers addicted to nicotine but modified the class definition to restrict membership
• Ford Motor Credit Co. v. Sheehan
  373 So. 2d 956· Fla. 1st DCA· 1979-08-09 ·cited 75×
  Ford Motor Credit appealed jury verdicts awarding damages to Sheehan for intentional infliction of emotional distress and statutory violation after Ford Credit orchestrated a false emergency call to locate a delinquent debtor. The court affirmed the emotional distress verdict and
• Meyer Weissman and Anna Weissman v. K-Mart Corp.
  396 So. 2d 1164· Fla. 3d DCA· 1981-04-07 ·cited 74×
  Meyer and Anna Weissman sued K-Mart, its security officer Alvarez, and Dade County officers for false arrest, false imprisonment, and malicious prosecution after Mr. Weissman was detained and charged with shoplifting while shopping at K-Mart. The court reversed summary judgment f
• DeMARCO v. Publix Super Mkts., Inc.
  360 So. 2d 134· Fla. 3d DCA· 1978-06-27 ·cited 73×
  An employer may terminate at-will employment for any reason, and there is no civil cause of action for interference with constitutional rights or for reputational damage without publication.
• Aldana v. DEL Monte Fresh Produce, N.A., Inc.
  416 F.3d 1242· 11th Cir.· 2005-07-08 ·cited 71×
  Seven Guatemalan union leaders sued Del Monte and its subsidiaries under the Alien Tort Act and Torture Victim Protection Act, alleging that Del Monte hired a private security force that kidnapped, detained, and tortured them to break their union during labor negotiations in Guat
• Hall v. GUS Constr. Co., Inc.
  842 F.2d 1010· 8th Cir.· 1988-03-25 ·cited 71×
  The court held that the evidence was sufficient to establish a hostile work environment and constructive discharge under Title VII and the Iowa Civil Rights Act, and that the emotional distress damages awarded were not excessive.
• Traver v. Meshriy
  627 F.2d 934· 9th Cir.· 1980-08-25 ·cited 71×
  The court held that a general verdict could be attributed to pendent state tort claims, even if a federal claim was weak, and that the evidence supported the jury's findings on those state claims.
• Jung Ja Malandris v. Merrill Lynch
  703 F.2d 1152· 10th Cir.· 1981-03-04 ·cited 70×
  The dissenting judge believes the compensatory damages are excessive and a new trial is required, disagreeing with the majority's remittitur on punitive damages.
• Lansalot A. Olguin v. Inspiration Consol. Copper Co.
  740 F.2d 1468· 9th Cir.· 1984-08-21 ·cited 69×
  State law claims arising from an employment dispute are preempted by federal labor law when they are, in substance, claims for violation of a collective bargaining agreement.
• Food Fair, Inc. v. Anderson
  382 So. 2d 150· Fla. 5th DCA· 1980-04-09 ·cited 69×
  Food Fair and its security officer England coerced a cashier into signing false theft confessions through threats of termination, then fired her anyway. The trial court denied a directed verdict motion and allowed a jury verdict for intentional infliction of emotional distress an
• Conway v. Electro Switch Corp.
  825 F.2d 593· 1st Cir.· 1987-08-06 ·cited 68×
  The court affirmed the admission of managers' statements as relevant to corporate state-of-mind and the jury's verdict, but reversed the denial of interest on front pay, remanding for recalculation.
• Gumz v. Morrissette
  772 F.2d 1395· 7th Cir.· 1985-09-05 ·cited 66×
  Excessive force claims during an arrest should be analyzed under the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's substantive due process, which lacks textual support and relies on subjective judicial feelings.
• Ferrara v. Mills
  781 F.2d 1508· 11th Cir.· 1986-02-10 ·cited 65×
  The court held that a public school teacher's complaints about his teaching schedule and assignments, even if tangentially related to public education, did not constitute speech on a matter of public concern and thus were not constitutionally protected under the First Amendment.
• Powell v. Chesapeake & Potomac Tel. Co. OF Va.
  780 F.2d 419· 4th Cir.· 1985-12-18 ·cited 65×
  State law claims are preempted by ERISA, and extracontractual and punitive damages are not available under ERISA in these circumstances.
• Reuber v. United States
  750 F.2d 1039· D.C. Cir.· 1984-12-07 ·cited 65×
  A private employer acting as an ad hoc federal agent, instigated by federal officials to violate constitutional rights, can be subject to Bivens liability and equitable relief like reinstatement, even if damages are available.
• Hess v. Philip Morris USA, Inc.
  175 So. 3d 687· Fla.· 2015-04-02 ·cited 63×
  The Florida Supreme Court held that in Engle-progeny fraudulent concealment cases against tobacco companies, the statute of repose for fraud claims is triggered by the defendant's last wrongful act or omission, not by the plaintiff's reliance on that conduct. Therefore, proof of