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

• Geidel v. City of Bradenton Beach
  56 F. Supp. 2d 1359· M.D. Fla.· 1999-06-09 ·cited 9×
  The court granted in part and denied in part the defendants' motions to dismiss, finding that while some claims against individual officers were sufficiently pleaded, others against the City and official capacities were not.
• Hazel v. Sch. Bd. of Dade Cnty.
  7 F. Supp. 2d 1349· S.D. Fla.· 1998-05-08 ·cited 9×
  The court granted in part and denied in part the motion to dismiss, finding that the plaintiff stated claims for subject matter jurisdiction, quid pro quo sexual harassment under Title VII, and under the Florida Civil Rights Act, while dismissing other claims with or without prej
• de OCA v. Orkin Exterminating Co.
  692 So. 2d 257· Fla. 3d DCA· 1997-04-23 ·cited 9×
  An injured worker appealed dismissal of his complaint against his employer and workers' compensation carrier, claiming wrongful termination of benefits, coercion, fraud, intentional infliction of emotional distress, and abuse of process. The court affirmed dismissal, holding that
• Associated Indus. OF Fla. Prop. & Cas. Tr. & Anna Ledesma v. Honorable C. McFerrin Smith, III
  633 So. 2d 543· Fla. 5th DCA· 1994-03-11 ·cited 9×
  The Florida Fifth District Court of Appeal reversed the circuit court's denial of a motion to dismiss a workers' compensation claimant's tort suit for intentional infliction of emotional distress against his insurance carrier and adjuster. The court held that while workers' compe
• August v. Offs. Unlimited, Inc.
  981 F.2d 576· 1st Cir.· 1992-12-11 ·cited 9×
  The court held that the plaintiff presented sufficient evidence to create a genuine issue of material fact regarding whether the employer failed to reasonably accommodate his handicap, thus precluding summary judgment.
• Kulwicki v. Dawson
  969 F.2d 1454· 3d Cir.· 1992-07-02 ·cited 9×
  The court held that a prosecutor is absolutely immune from suit for initiating criminal charges, even if motivated by personal animus, and that appellate jurisdiction exists over denials of immunity claims even with disputed facts.
• DOE v. ROE
  958 F.2d 763· 7th Cir.· 1992-03-09 ·cited 9×
  A civil RICO claim requires an injury to 'business or property,' and sexual services or personal expenses stemming from emotional distress do not qualify as such injuries.
• Slattery v. Rizzo
  939 F.2d 213· 4th Cir.· 1991-07-25 ·cited 9×
  Qualified immunity is available in excessive force claims under the Fourth Amendment, and under the undisputed facts, a reasonable officer could have believed the suspect posed a deadly threat, entitling the officer to immunity.
• von Clark v. Butler
  916 F.2d 255· 5th Cir.· 1990-11-01 ·cited 9×
  The court affirmed the district court's attorney fee award, finding no abuse of discretion in the determination of the hourly rate or the number of hours compensated.
• FOX v. Parker Hannifin Corp.
  914 F.2d 795· 6th Cir.· 1990-09-20 ·cited 9×
  The court held that Minnie Fox's hybrid section 301 claim and preempted state law claims were time-barred by the six-month statute of limitations, but her tortious interference claim was not preempted by section 301. The court also affirmed the dismissal of other state law claims
• Ault v. Hustler Magazine, Inc.
  860 F.2d 877· 9th Cir.· 1988-10-25 ·cited 9×
  The court held that the Hustler article was constitutionally protected opinion, foreclosing claims for libel, false light, and intentional infliction of emotional distress. Sanctions imposed on the plaintiff and her attorney were reversed.
• William T. Connolly and Lizabeth v. Connolly
  849 F.2d 525· 11th Cir.· 1988-07-13 ·cited 9×
  The court held that the Florida Workers' Compensation Act provides the exclusive remedy for an employee's claims against a workers' compensation carrier for mishandling a claim and intentionally mistreating the claimant, even for alleged intentional torts.
• Arnold v. United States
  816 F.2d 1306· 9th Cir.· 1987-05-05 ·cited 9×
  The court held that the USPS's reinstatement of Arnold did not moot her Title VII claims for the period prior to reinstatement, and that Postmaster Carpenter was not entitled to absolute immunity for state-law tort claims arising from actions outside the scope of his duty.
• Jane ROE I v. Abortion Abolition Soc'y
  811 F.2d 931· 5th Cir.· 1987-03-09 ·cited 9×
  The court held that the plaintiffs' class was not protected by 42 U.S.C. § 1985(3) because it was defined by the conspirators' beliefs rather than a shared characteristic of the victims, and that the class action allegations against the cities were not properly dismissed.
• Ingrid O. Duckworth v. Brookman
  483 So. 2d 881· Fla. 3d DCA· 1986-03-04 ·cited 9×
  Summary judgment for defendant in legal malpractice action affirmed because plaintiff suffered no compensable damages after the default judgment was set aside and she subsequently obtained a favorable settlement agreement.
• Gagne v. Town OF Enfield
  734 F.2d 902· 2d Cir.· 1984-05-08 ·cited 9×
  The court held that the plaintiff's failure to present evidence of litigation expenses at trial, as required by Connecticut law for punitive damages, independently doomed his claim for punitive damages.
• Teague v. Caterpillar Tractor Co. & United Auto Workers Local Union 974
  566 F.2d 7· 7th Cir.· 1977-10-19 ·cited 9×
  The court held that the intervening decision in Beard v. Robinson dictates that the Illinois five-year statute of limitations applies to claims under 42 U.S.C. § 1981, making the plaintiff's claims timely.
• Ener v. Martin
  987 F.3d 1328· 11th Cir.· 2021-02-22 ·cited 8×
  The Eleventh Circuit affirmed the district court's dismissal of the lawsuit under the fugitive disentitlement doctrine, finding that the plaintiff's fugitive status was connected to her lawsuit and that dismissal was equitable.
• Janie DOE 1 v. Sinrod
  117 So. 3d 786· Fla. 4th DCA· 2013-05-08 ·cited 8×
  Four children and their parents sued their teacher and the school board for sexual abuse. The trial court dismissed the parents' negligent infliction of emotional distress claims and the children's Title IX claims. The appellate court reversed the dismissal of the Title IX claims
• Coton v. Televised Visual X-Ography, Inc.
  740 F. Supp. 2d 1299· M.D. Fla.· 2010-09-16 ·cited 8×
  The court held that the defendants' unauthorized use of the plaintiff's photograph on a pornographic DVD constituted copyright infringement, misappropriation of image, and defamation by implication, entitling the plaintiff to damages.
• Domotor v. Wennet
  630 F. Supp. 2d 1368· S.D. Fla.· 2009-06-30 ·cited 8×
  The court held that the plaintiff's § 1983 claims for false arrest and imprisonment are subject to the favorable-termination requirement of Heck v. Humphrey, and that the viability of these claims depends on whether the plaintiff's conviction or sentence has been invalidated.
• Brown v. R.J. Reynolds Tobacco Co.
  576 F. Supp. 2d 1328· M.D. Fla.· 2008-08-28 ·cited 8×
  The court held that the Rooker-Feldman doctrine does not bar federal jurisdiction and that the Engle Phase I findings can only have issue preclusive effect, not claim preclusive effect, because they did not establish liability.
• Boler v. Space Gateway Support Co. LLC
  290 F. Supp. 2d 1272· M.D. Fla.· 2003-05-29 ·cited 8×
  The court adopted the magistrate judge's recommendation to deny the defendant's motions for attorney's fees and costs.
• Riebsame v. Prince
  267 F. Supp. 2d 1225· M.D. Fla.· 2003-05-09 ·cited 8×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants based on qualified immunity and denying the plaintiff's motion for summary judgment.
• Garbutt v. LaFARNARA
  754 So. 2d 727· Fla. 2d DCA· 1999-10-29 ·cited 8×
  No reversible error occurred in the trial court's judgment for the plaintiff in an assault, battery, intentional infliction of emotional distress, and defamation case where the trial judge thoroughly considered the defendant's trial objections and comprehensively analyzed his mot
• Ortega Trujillo v. Banco Central Del Ecuador
  17 F. Supp. 2d 1340· S.D. Fla.· 1998-08-14 ·cited 8×
  The court held that claims for intentional infliction of emotional distress based on the same publication as a defamation claim are barred by Florida's independent tort doctrine, and that defamation claims against foreign instrumentalities are barred by the Foreign Sovereign Immu
• Sheraton KEY Largo & Aiac Ins. Co. v. Concepcion Roca
  710 So. 2d 1016· Fla. 3d DCA· 1998-05-06 ·cited 8×
  A workers' compensation claimant sued her employer, insurance carrier, claims agent, and their attorneys for intentional infliction of emotional distress based on delays in authorizing emergency back surgery ordered by a compensation judge. The court affirmed dismissal of the att
• Duke H. Scott, M.D. v. Nelson
  697 So. 2d 207· Fla. 1st DCA· 1997-07-22 ·cited 8×
  The court held that a party seeking to reopen properly sealed court records must demonstrate 'good cause,' and the mere filing of a new lawsuit arising from the same events does not constitute good cause.
• Olsen v. Lane
  832 F. Supp. 1525· M.D. Fla.· 1993-10-13 ·cited 8×
  The court held that the plaintiff failed to state a claim for relief and lacked a basis for federal jurisdiction, thus dismissing the amended complaint.
• Rodriguez-Diaz v. Abate
  613 So. 2d 515· Fla. 3d DCA· 1993-01-19 ·cited 8×
  The appellate court reviewed an order prohibiting a pro se litigant, Omar Rodriguez-Diaz, from representing himself in lawsuits. The court affirmed the injunction, finding sufficient evidence that his actions disrupted the administration of justice, but modified the order to allo
• Pelletier v. Fed. Home Loan Bank OF SAN Francisco
  968 F.2d 865· 9th Cir.· 1992-06-29 ·cited 8×
  The court held that the denial of qualified immunity is immediately appealable and that Pelletier's allegations were sufficient to survive a motion to dismiss. The court also held that the district court erred in applying a narrow 'scope of authority' test for substitution under
• Swan v. ST. Thomas Univ.
  592 So. 2d 351· Fla. 3d DCA· 1992-01-14 ·cited 8×
  George Swan appealed the partial dismissal of his third amended complaint against St. Thomas University and individual defendants. The court affirmed the dismissal, finding the appeal against the University non-final and the complaint against the individual defendants properly di
• Tingey v. Pixley-Richards W., Inc.
  953 F.2d 1124· 9th Cir.· 1992-01-09 ·cited 8×
  The court held that all of the plaintiffs' state law claims were preempted by ERISA, and therefore should have been dismissed by the district court. However, the court remanded the case to allow plaintiffs a final opportunity to plead a federal cause of action under ERISA.
• Volunteer Med. Clinic, Inc. v. Operation Rescue
  948 F.2d 218· 6th Cir.· 1991-10-29 ·cited 8×
• Jennifer and Monica Osei-Afriyie v. The Med. Coll. OF Pa. & Stull
  937 F.2d 876· 3d Cir.· 1991-07-01 ·cited 8×
  A non-attorney parent cannot represent minor children in federal court; the children's claims are vacated and remanded for potential appointment of counsel or dismissal. The parent's own claims are affirmed as time-barred.
• Harrell v. 20TH Century Ins. Co.
  934 F.2d 203· 9th Cir.· 1991-05-23 ·cited 8×
  The court held that the district court did not abuse its discretion in retaining jurisdiction over pendent state claims and that the fraud claim was time-barred, but the breach of good faith claim was not.
• Snider v. Circle K Corp.
  923 F.2d 1404· 10th Cir.· 1991-01-07 ·cited 8×
  The court held that a Title VII settlement agreement is not a contract for labor or services under Oklahoma law, and that the district court erred in submitting the breach of settlement agreement claim to the jury because Title VII claimants are not entitled to a jury trial.
• Johnson v. Beatrice Foods Co.
  921 F.2d 1015· 10th Cir.· 1990-12-10 ·cited 8×
  A state law claim for intentional infliction of emotional distress is preempted by Section 301 of the LMRA if its evaluation is inextricably intertwined with the terms of a collective bargaining agreement.
• Merrick v. N. Natural GAS Co.
  911 F.2d 426· 10th Cir.· 1990-08-23 ·cited 8×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding pretext for his termination under the ADEA, and that his breach of contract and emotional distress claims, as well as the defendant's counterclaim, were properly dismissed.
• Campbell v. Ingersoll Milling Mach. Co.
  893 F.2d 925· 7th Cir.· 1990-01-23 ·cited 8×
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint, excluding evidence of a prior sexual assault, or entering judgment notwithstanding the verdict.
• Clark v. Twp. OF Falls & James Kettler
  890 F.2d 611· 3d Cir.· 1989-11-22 ·cited 8×
  The court held that the jury's finding of a procedural due process violation could not be sustained because the plaintiff failed to demonstrate a protected property or liberty interest, and thus the district court erred in denying the motion for judgment notwithstanding the verdi
• Schroeder v. Copley Newspaper
  879 F.2d 266· 7th Cir.· 1989-07-12 ·cited 8×
  The court held that the plaintiff failed to file a timely charge of age discrimination with the EEOC and that no grounds existed to equitably toll the charge-filing period.
• Bettis v. Oscar Mayer Foods Corp. & Gen. Foods Corp.
  878 F.2d 192· 7th Cir.· 1989-06-19 ·cited 8×
  A state-law claim for retaliatory discharge for exercising workers' compensation rights is not preempted by Section 301 of the LMRA if it can be resolved without interpreting the collective bargaining agreement.
• McLaughlin v. Pernsley
  876 F.2d 308· 3d Cir.· 1989-05-30 ·cited 8×
  The court held that Catholic Social Services lacked standing to appeal the preliminary injunction, and that the Williamses, as intervenors, had standing to appeal only regarding the remedy. The court affirmed the district court's grant of a mandatory preliminary injunction orderi
• In re United States
  872 F.2d 472· D.C. Cir.· 1989-04-14 ·cited 8×
  The court held that while the district court's order denying a writ of mandamus to dismiss the complaint was correct, the order directing parties to proceed with discovery should be vacated because further discovery would inevitably lead to disclosure of information protected by
• Blue Cross & Blue Shield OF Md., Inc. v. Weiner
  868 F.2d 1550· 11th Cir.· 1989-04-05 ·cited 8×
  The district court lacked subject matter jurisdiction under the Rooker-Feldman doctrine because BCBS-Maryland's claims required reviewing the state court's judgment, and thus the denial of the preliminary injunction and abstention are affirmed, but the case is remanded to dismiss
• McGHEE v. Arabian Am. OIL Co.
  871 F.2d 1412· 9th Cir.· 1989-03-27 ·cited 8×
  The court held that the jury's verdict for the plaintiffs on the contract claim was supported by substantial evidence, reversing the judgment notwithstanding the verdict. The court affirmed the grant of summary judgment for the defendant on the tort claims.
• Gleason v. McBRIDE
  869 F.2d 688· 2d Cir.· 1989-03-13 ·cited 8×
  The court affirmed the dismissal of claims related to the Gleason I arrest and the section 1985 claim, affirmed dismissal of most Gleason III claims, but reversed dismissal of Gleason III claims against certain defendants and remanded for further proceedings.
• Natthu S. Parate v. Isibor
  868 F.2d 821· 6th Cir.· 1989-02-17 ·cited 8×
  The court held that compelling a professor to change a student's grade against his professional judgment violates the First Amendment's protection against compelled speech, even if the university could have administratively changed the grade itself.
• Mitchell v. Random House, Inc.
  865 F.2d 664· 5th Cir.· 1989-02-15 ·cited 8×
  The court held that the statements in the book, even if false, were not clearly and unmistakably defamatory under Mississippi law and that the other claims were not cognizable or lacked merit.