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

• Bougher v. Univ. OF Pittsburgh
  882 F.2d 74· 3d Cir.· 1989-08-15 ·cited 11×
  The court held that the plaintiff's claims under Title IX, Section 1983, Section 1985(3), and intentional infliction of emotional distress were time-barred by the applicable statutes of limitations.
• King v. Gibbs
  876 F.2d 1275· 7th Cir.· 1989-06-01 ·cited 11×
  There is no federal right to indemnification under the securities laws or federal common law, even for an innocent party.
• Parham v. Erwin K. Reddick and Marjorie Reddick
  537 So. 2d 132· Fla. 1st DCA· 1988-12-29 ·cited 11×
  Landowners Robert and Jo Ann Parham appealed a summary judgment denying their trespass damages claim against neighbors who allegedly crossed their property. The appellees (Reddick and McQuinney) counterclaimed for attorney's fees. The court reversed the summary judgment, holding
• Avirgan v. Hull
  691 F. Supp. 1357· S.D. Fla.· 1988-06-23 ·cited 11×
  The court granted summary judgment for thirteen defendants, finding plaintiffs failed to establish a connection between the alleged assassination attempt and these defendants or that they caused any injury.
• In re E. Airlines, Inc.
  629 F. Supp. 307· S.D. Fla.· 1986-02-03 ·cited 11×
  The court held that claims for mental anguish alone, whether under state law or the Warsaw Convention, are not compensable without allegations of physical injury or impact.
• Goins v. Goins
  777 F.2d 1059· 5th Cir.· 1985-12-10 ·cited 11×
  The federal court properly abstained from exercising diversity jurisdiction over a case involving child custody disputes and related tort claims, as it falls within the domestic relations exception.
• Murray v. Gardner
  D.D.C.· 1984-08-14 ·cited 11×
  The court held that the plaintiff's speech regarding a furlough plan was a matter of personal employee grievance, not public concern, and thus not protected by the First Amendment. The court also found that the plaintiff received adequate due process for his Fifth Amendment claim
• Cape Publ'ns, Inc. v. Bridges
  387 So. 2d 436· Fla. 5th DCA· 1980-08-13 ·cited 11×
  Newspaper publishers and photographers appealed a discovery order requiring them to disclose photographs, editorial materials, and information about their editorial process in a lawsuit by a woman who was photographed nude during a domestic violence incident and whose image was p
• DOE v. Sinrod
  90 So. 3d 852· Fla. 4th DCA· 2012-05-30 ·cited 10×
  Jane Doe appealed the dismissal of her negligence claims against the Palm Beach County School Board arising from sexual abuse by a teacher in 2003. The court affirmed dismissal because Doe failed to comply with the four-year statute of limitations under Florida's sovereign immuni
• Garris v. Thomasville-Thomas Cnty. Humane Soc'y, Inc.
  941 So. 2d 540· Fla. 1st DCA· 2006-11-15 ·cited 10×
  Catherine Garris appeals the dismissal of her claims against the Thomasville-Thomas County Humane Society for lack of personal jurisdiction. The Florida Court of Appeal reverses, holding that the Humane Society's continuous and systematic contacts with Florida—including monthly t
• Florida Evergreen Foliage v. EI Du Pont De Nemours & Co.
  135 F. Supp. 2d 1271· S.D. Fla.· 2001-03-08 ·cited 10×
  The court held that Florida's absolute immunity for litigation conduct bars state law damage claims based on such conduct, and that Florida law applies to the tort claims.
• Allstate Ins. Co. v. Ginsberg
  235 F.3d 1331· 11th Cir.· 2000-12-20 ·cited 10×
  Allstate Insurance Company sought a declaratory judgment regarding its duty to defend Victor Ginsberg against claims by Elaine Scarfo alleging unwelcome sexual conduct, touching, and offensive comments during an employer-employee relationship. The district court granted summary j
• Kond v. Stefan Mudryk
  769 So. 2d 1073· Fla. 4th DCA· 2000-09-13 ·cited 10×
  The Florida Fourth District Court of Appeal affirmed the dismissal of church members' complaints seeking declaratory relief, damages for slander, and intentional infliction of emotional distress against a Russian-Ukrainian Baptist Church and its leadership. The court held that th
• Ugo Columbo v. Puig
  745 So. 2d 1106· Fla. 3d DCA· 1999-12-08 ·cited 10×
  Columbo sought a writ of certiorari challenging the trial court's disqualification of his counsel, Burstyn, from representing him. The court held that while Rule 4-3.7 prohibits a lawyer from acting as an advocate at trial when likely to be a necessary witness, it does not prohib
• Anna and Peter Paul v. Humana Med. Plan, Inc.
  682 So. 2d 1119· Fla. 4th DCA· 1996-09-18 ·cited 10×
  The Pauls appealed the dismissal of their medical malpractice and emotional distress claims against Dr. Karsh arising from his alleged failure to diagnose and treat Mrs. Paul's laryngeal cancer and his premature discharge decisions that led to complications. The court reversed th
• Kaufman v. Mut. OF Omaha Ins. Co.
  681 So. 2d 747· Fla. 3d DCA· 1996-07-31 ·cited 10×·via Outrageous Conduct Causing Severe Emotional Distress
  Jane Kaufman appeals summary judgment in favor of Mutual of Omaha Insurance Company, which attempted to rescind her daughter's major medical insurance policy over two years after issuance based on alleged fraudulent misstatements. The court reverses, holding that the policy's inc
• Cerniglia v. Cerniglia
  655 So. 2d 172· Fla. 3d DCA· 1995-05-17 ·cited 10×
  In this consolidated dissolution of marriage and civil case, the wife appealed the trial court's entry of summary judgment on all five counts of her civil complaint and the denial of her motion for relief under the amended rule 1.540(b). The appellate court affirmed, holding that
• Crenshaw v. City of Defuniak Springs
  891 F. Supp. 1548· N.D. Fla.· 1995-05-12 ·cited 10×
  The court held that the defendant is entitled to summary judgment because the plaintiff failed to demonstrate discriminatory intent or a violation of clearly established constitutional law, and the defendant is entitled to qualified immunity.
• DOE v. HCA Health Servs. OF Fla., Inc.
  640 So. 2d 1177· Fla. 2d DCA· 1994-07-22 ·cited 10×
• Gafford v. Gen. Elec. Co.
  997 F.2d 150· 6th Cir.· 1993-06-18 ·cited 10×
  The court affirmed the district court's finding of federal jurisdiction, holding that the defendant met its burden of proving the amount in controversy and complete diversity.
• Juarez v. Ameritech Mobile Commc'ns
  957 F.2d 317· 7th Cir.· 1992-02-18 ·cited 10×
  The court held that the employer was not liable for sexual harassment because it lacked knowledge and took remedial action, and the plaintiff failed to establish a retaliatory discharge claim or viable state law claims.
• Woods v. Graphic Commc'ns
  925 F.2d 1195· 9th Cir.· 1991-02-20 ·cited 10×
  The court held that a union can be liable for racial discrimination under state law and § 1981 for failing to file grievances concerning a racially hostile work environment and for the discriminatory acts of its officials. Punitive damages are available for § 1981 violations.
• Lu Ann Buffkins v. City OF Omaha
  922 F.2d 465· 8th Cir.· 1990-12-28 ·cited 10×
  The court held that the officers lacked reasonable articulable suspicion for the seizure and arrest, and the City of Omaha was improperly dismissed due to its failure to repeal an unconstitutional ordinance.
• Baker v. The Weyerhaeuser Co.
  903 F.2d 1342· 10th Cir.· 1990-05-30 ·cited 10×
  The court affirmed the judgment, holding that the employer was liable under Title VII for a hostile work environment due to pervasive sexual harassment and that the jury's verdict on the pendent claim for intentional infliction of emotional distress was supported by the evidence.
• Silver v. Mendel
  894 F.2d 598· 3d Cir.· 1990-01-18 ·cited 10×
  The court held that it had jurisdiction to review the appeal, that the judicial privilege did not bar claims for intentional interference with contractual relations, and that the complaint sufficiently alleged intentional infliction of severe emotional distress.
• Goodwin v. Metts
  885 F.2d 157· 4th Cir.· 1989-09-12 ·cited 10×
  The court held that the evidence did not justify the punitive damages award against Maxwell, but otherwise affirmed the district court's judgment.
• Abernathy v. Southern California Edison
  885 F.2d 525· 9th Cir.· 1989-09-05 ·cited 10×
  Orders granting stays pending arbitration or compelling arbitration are not ordinarily appealable under 28 U.S.C. § 1292(a)(1) as injunctions, even if amended to expedite the process, absent extraordinary circumstances of irreparable harm.
• McGOWAN v. Scoggins
  881 F.2d 615· 9th Cir.· 1989-07-26 ·cited 10×
  The Feres doctrine does not apply to claims filed by individuals who are not members of the armed forces for injuries not incident to current military service or who are not subject to military supervision.
• Halpin v. Kraeer Funeral Homes, Inc.
  547 So. 2d 973· Fla. 4th DCA· 1989-07-26 ·cited 10×
  The Fourth District Court of Appeal reversed a summary judgment granted to a funeral home in a case involving the family of Donald C. Halpin, Jr., who encountered their deceased relative's body being displayed incorrectly during a funeral viewing. The court held that whether the
• Shane v. Greyhound Lines, Inc.
  868 F.2d 1057· 9th Cir.· 1989-02-27 ·cited 10×
  The court held that federal labor law preempts state law claims intertwined with a collective bargaining agreement and that employees must show union breach of fair representation to sue employer for CBA breach.
• Wozniak v. Cnty. OF DuPAGE
  845 F.2d 677· 7th Cir.· 1988-04-21 ·cited 10×
  The court held that the Wozniaks' Section 1983 claims were barred by res judicata and collateral estoppel, as the issues and claims could have and were litigated in the prior state court mandamus action. The court affirmed the district court's grant of summary judgment.
• McKIBBEN v. CHUBB
  840 F.2d 1525· 10th Cir.· 1988-02-26 ·cited 10×
  The court affirmed summary judgment for defendants, finding no genuine issues of material fact and that substantive law was correctly applied, particularly regarding federal court jurisdiction over probate matters and standing.
• Ilse Koch v. Goldway
  817 F.2d 507· 9th Cir.· 1987-05-14 ·cited 10×
  The court held that the alleged statement comparing the plaintiff to a Nazi war criminal was opinion, not fact, and therefore not actionable defamation, and also not extreme enough for intentional infliction of emotional distress.
• Malia v. Rca Corp.
  794 F.2d 909· 3d Cir.· 1986-07-10 ·cited 10×
  The court held that the employee's state-law claims for breach of an oral employment contract and related torts were not preempted by Section 301 of the LMRA because they were independent of the collective bargaining agreement.
• Ridgway v. Wapello Cnty.
  795 F.2d 646· 8th Cir.· 1986-07-08 ·cited 10×
  The court held that the Supreme Court's decision in Wilson v. Garcia should not be applied retroactively to bar the plaintiff's § 1983 action.
• Stoner v. State Farm Mut. Auto. Ins. Co.
  780 F.2d 1414· 8th Cir.· 1986-01-06 ·cited 10×
  The court held that Stoner was not an insured under her father's policies because she did not 'live with' her parents, but reversed summary judgment on her bad faith claim, finding State Farm's actions interfered with her third-party claims.
• Coughlin v. Westinghouse Broad. & Cable Inc.
  780 F.2d 340· 3d Cir.· 1985-12-30 ·cited 10×
  The court held that the plaintiff, a public official, failed to raise a genuine issue of material fact regarding actual malice, and the Pennsylvania Shield Law is constitutional as applied to public official libel actions.
• Lehman v. Morrissey
  779 F.2d 526· 9th Cir.· 1985-12-26 ·cited 10×
  The court held that the Civil Service Reform Act (C.S.R.A.) preempts common law claims for federal employees and that its remedies preclude direct review in federal court in this case.
• Campbell v. The Prudential Ins. Co.
  480 So. 2d 666· Fla. 5th DCA· 1985-11-29 ·cited 10×
  Campbell sought damages from Prudential Insurance for disability benefits disputes and emotional distress. The appellate court affirmed summary judgment against Campbell's emotional distress claim, reversed the denial of attorney's fees on a valid underpayment claim, and reversed
• Gehling v. ST. George's Sch. OF Med., Ltd
  773 F.2d 539· 3d Cir.· 1985-09-27 ·cited 10×
  A foreign university's minimal contacts with a forum state, such as advertising and having students from the state, are insufficient to establish general personal jurisdiction for claims arising from non-forum activities. However, a university official's travel to the forum state
• Raftery v. Katheryn Girvin Scott
  756 F.2d 335· 4th Cir.· 1985-03-07 ·cited 10×
  The court affirmed the lower court's decision, adhering to established circuit precedent regarding the domestic relations exception.
• Siano v. Justices OF Massachusetts
  698 F.2d 52· 1st Cir.· 1983-01-21 ·cited 10×
  A prosecutor is absolutely immune from civil liability for actions taken in initiating a prosecution and presenting the state's case, and a claim against state Justices for affirming a conviction, even if erroneous, does not state a constitutional claim actionable under § 1983.
• Jolane Russell v. United Parcel Serv., Inc.
  666 F.2d 1188· 8th Cir.· 1981-12-15 ·cited 10×
  The court held that the trial court erred in granting judgment notwithstanding the verdict because there was sufficient evidence for the jury to consider, but did not abuse its discretion in granting a new trial.
• Berdick v. The United States
  612 F.2d 533· Ct. Cl.· 1979-12-12 ·cited 10×
  The court held that it lacked jurisdiction over claims sounding in tort, seeking equitable relief, or against private parties, but granted summary judgment on the government's False Claims Act counterclaim, finding that the plaintiff's prior criminal conviction for making false s
• Ophelia Green v. James
  473 F.2d 660· 9th Cir.· 1973-01-22 ·cited 10×
  The court held that the defendant officer failed to prove he was acting within the scope of his official duties or performing a discretionary act, thus his claim of absolute immunity was not established.
• Cedars Healthcare Grp., Ltd. v. Sameer Mehta
  16 So. 3d 914· Fla. 3d DCA· 2009-08-05 ·cited 9×
  The Third District Court of Appeal granted a writ of certiorari to review a trial court's denial of a motion to dismiss, holding that a hospital's peer review actions are immune from suit under Florida Statute § 395.0193(5) unless the plaintiff pleads intentional fraud with parti
• Stewart v. Walker
  5 So. 3d 746· Fla. 4th DCA· 2009-02-25 ·cited 9×
  An unwed father appeals the dismissal of tort claims against the biological mother for unlawfully relocating their child to Massachusetts. The court affirmed dismissal of the tortious interference with custodial rights claim because the father lacked superior custody rights, but
• Kish v. A.W. Chesterton Co.
  930 So. 2d 704· Fla. 3d DCA· 2006-04-26 ·cited 9×
  The Kishes appealed summary judgment dismissing their fraud claim against Metropolitan Life under Florida's 12-year statute of repose for fraud claims. The court affirmed, holding that the statute of repose satisfies the constitutional access-to-courts test and rejecting the Kish
• Herrera v. C.A. Seguros Catatumbo
  844 So. 2d 664· Fla. 3d DCA· 2003-04-02 ·cited 9×
  Maria and Catherine Herrera appealed a trial court's denial of supplemental declaratory relief against their airline insurer, C.A. Seguros Catatumbo, seeking a declaration that the insurance policy covered damages awarded by a jury for injuries sustained during a cavity search at
• Andrews v. McGOWAN
  739 So. 2d 132· Fla. 5th DCA· 1999-07-16 ·cited 9×
  The court held that a surviving spouse who has been judicially separated by final judgment of separate maintenance retains the right to determine the disposition of the deceased spouse's remains under Florida law. The trial court's grant of summary judgment in favor of the funera