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

• Miller v. Newbauer
  862 F.2d 771· 9th Cir.· 1988-12-07 ·cited 8×
  A service member cannot maintain a lawsuit against military superiors for damages arising from acts incident to military service, including common law torts, constitutional claims, and violations of 42 U.S.C. § 1985(1) or (3).
• New Port Largo, Inc. v. Monroe Cnty.
  706 F. Supp. 1507· S.D. Fla.· 1988-11-21 ·cited 8×
  The court held that res judicata did not bar the federal claims, but the § 1986 claim was time-barred. The continuing wrong doctrine may apply to the § 1983 and § 1985 claims.
• Kelley v. TYK Refractories Co.
  860 F.2d 1188· 3d Cir.· 1988-10-28 ·cited 8×
  The court held that the Pennsylvania Unemployment Compensation Board of Review's findings regarding voluntary termination do not have collateral estoppel effect on a federal § 1981 discrimination claim because the issues and public policies are not identical.
• Huber v. Standard Ins. Co.
  841 F.2d 980· 9th Cir.· 1988-03-11 ·cited 8×
  The court held that the plaintiff presented sufficient evidence to create genuine issues of material fact regarding breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, and the availability of punitive damages.
• Jones v. Cont'l Ins.
  670 F. Supp. 937· S.D. Fla.· 1987-09-22 ·cited 8×
  The court held that Florida Statutes Section 624.155(1)(b)(1) applies to first-party actions and is not unconstitutionally vague or overbroad, and that the plaintiff stated a claim under it. The court also dismissed claims for intentional infliction of emotional distress and tort
• Joseph Bowen and his spouse v. AETNA Life & Cas. Co.
  512 So. 2d 248· Fla. 3d DCA· 1987-08-18 ·cited 8×
  Worker's compensation benefits are not the exclusive remedy for an injured worker alleging intentional infliction of emotional distress by an insurer, and a complaint alleging such a claim should be allowed to be amended.
• Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd.
  823 F.2d 832· 4th Cir.· 1987-07-22 ·cited 8×
  The court held that the district court's five-page order, which combined reasoning with dispositive language, did not comply with the Federal Rule of Civil Procedure 58's separate document requirement for entry of judgment.
• Orma Gale Moore v. United Servs. Auto. Ass'n
  819 F.2d 101· 5th Cir.· 1987-06-11 ·cited 8×
  A third party's claim against an insurer for bad faith refusal to settle is not separate and independent from a claim against the insured for damages resulting from an automobile accident for removal purposes under 28 U.S.C. § 1441(c).
• Nannette B. Davis v. USX Corp.
  819 F.2d 1270· 4th Cir.· 1987-06-03 ·cited 8×
  The court held that the district court abused its discretion by denying the plaintiff's motion for voluntary dismissal without prejudice based on conditions that unfairly prejudiced the plaintiff's right to pursue state law claims in state court.
• Deleski v. Raymark Indus., Inc.
  819 F.2d 377· 3d Cir.· 1987-05-15 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion to transfer and granting summary judgment, as the claims were barred by the Pennsylvania statute of limitations.
• Pratt v. Thornburgh
  807 F.2d 355· 3d Cir.· 1986-12-15 ·cited 8×
  The court held that the district court erred in applying the two-year statute of limitations retroactively to the plaintiff's § 1983 claim, as prior circuit precedent established a six-year limitation period.
• Reverend Jerry Falwell v. Flynt
  797 F.2d 1270· 4th Cir.· 1986-08-05 ·cited 8×
  The court held that the "actual malice" standard applies to claims of intentional infliction of emotional distress brought by public figures, and that the jury's finding of intentional or reckless misconduct satisfied this standard. The court also affirmed the dismissal of the in
• Hustler Magazine, Inc. v. United States Dist. Court For the Dist. OF Wyo.
  790 F.2d 69· 10th Cir.· 1986-05-07 ·cited 8×
  The court held that the district court abused its discretion by refusing to consider a motion to transfer venue without a hearing.
• Wood v. Coast Frame Supply, Inc.
  779 F.2d 1441· 9th Cir.· 1986-01-07 ·cited 8×
  The court held that a minute order from a courtroom deputy clerk is not a final appealable order, and therefore, appellate jurisdiction is lacking.
• Nannette B. Davis v. United States Steel Corp. & its Div.
  779 F.2d 209· 4th Cir.· 1985-12-12 ·cited 8×
  The court should permit a jury to determine if United States Steel is vicariously liable for a supervisor's sexual harassment that occurred before his superior was aware of the misconduct.
• Tello v. SOO Line R.R. Co.
  772 F.2d 458· 8th Cir.· 1985-09-06 ·cited 8×
  The district court erred in dismissing the case for lack of subject matter jurisdiction; the federal district court has jurisdiction over claims primarily involving interpretation of a FELA release, even if a collective bargaining agreement is incidentally involved.
• Ike Shaw, Jr. v. Neece
  727 F.2d 947· 10th Cir.· 1984-02-10 ·cited 8×
  The court held that the plaintiff's claims were frivolous and without merit, affirming the dismissal and attorney fee award, and also awarded attorney fees for the appeal.
• Harris v. City OF Canton
  725 F.2d 371· 6th Cir.· 1984-01-13 ·cited 8×
  The court held that the refiled civil rights action was not barred by the statute of limitations because the Ohio Savings Statute applied, and the district court erred in its interpretation of the statute and its tolling analysis.
• Loft v. Fuller
  408 So. 2d 619· Fla. 4th DCA· 1981-12-16 ·cited 8×
  The widow and children of Captain Robert A. Loft, who died in Eastern Airlines Flight 401, appealed the dismissal of claims against the author and publisher of The Ghost of Flight 401, a book recounting reports of the deceased captain's supernatural reappearances. The court affir
• Claycomb v. Eichles
  399 So. 2d 1050· Fla. 2d DCA· 1981-06-10 ·cited 8×
  A jury instruction allowing damages for mental anguish resulting from negligence, without physical impact, is erroneous under Florida law.
• Bradley v. Computer Scis. Corp.
  643 F.2d 1029· 4th Cir.· 1981-03-13 ·cited 8×
  The court held that government officials are immune from suit for acts within the scope of their duties, and a contractor's letter to superiors was qualifiedly privileged.
• Robinson v. MFA Mut. Ins. Co. & Countryside Cas. Co.
  629 F.2d 497· 8th Cir.· 1980-06-12 ·cited 8×
  The court held that the plaintiff's complaint stated a claim for relief under Arkansas law, specifically a tort claim in deceit, and therefore the district court erred in dismissing the action under Fed.R.Civ.P. 12(b)(6).
• Kahn v. Milon
  332 So. 2d 149· Fla. 3d DCA· 1976-05-18 ·cited 8×
  Plaintiffs appealed an interlocutory order requiring them to retain counsel separate and independent from plaintiff Jerry Kahn, an attorney. The court reversed, holding that a party has a right to represent himself and to employ counsel of his choice, and that no conflict of inte
• Paiewonsky v. Paiewonsky
  446 F.2d 178· 3d Cir.· 1971-07-21 ·cited 8×
  The doctrine of interspousal immunity continues to bar tort claims between spouses in the Virgin Islands, and any abrogation or modification is a matter for the legislature.
• Miller v. Mut. OF Omaha Ins. Co. & Leo R. Edgerton
  235 So. 2d 33· Fla. 1st DCA· 1970-05-05 ·cited 8×
  The Millers sued Mutual of Omaha Insurance Company and its agent Leo Edgerton for breach of contract and intentional infliction of emotional distress after the agent came to their home, accused Mrs. Miller of insurance fraud, spoke abusively to her, and took her policy without pe
• Russell v. Mells
  426 So. 3d 913· Fla. 2d DCA· 2025-12-10 ·cited 7×
  The trial court abused its discretion by dismissing Russell's complaint with prejudice and denying her motion for leave to amend without finding that amendment would prejudice the opposing party, constitute abuse of the privilege to amend, or be futile. Florida law requires that
• Glegg v. Katalin Van Den Hurk
  379 So. 3d 1171· Fla. 4th DCA· 2024-01-10 ·cited 7×
  Tort claims for interference with custodial rights between co-parents must be brought in family court, not civil court; summary judgment was proper against the stepfather because his alleged conduct of providing housing and transportation to the daughter and failing to intervene
• Kordash v. United States
  51 F.4th 1289· 11th Cir.· 2022-10-21 ·cited 7×
  The court held that collateral estoppel applies to bar the plaintiff's tort claims against the United States under the Federal Tort Claims Act because the issues of whether the federal officers acted lawfully and in furtherance of federal policy were actually litigated and decide
• Samara v. Tenet Fla. Physician Servs., LLC
  317 So. 3d 187· Fla. 3d DCA· 2021-02-17 ·cited 7×
  An order denying a motion for reconsideration or rehearing directed at a non-final order is not appealable and does not toll the time for appeal.
• Smith v. Rainey
  747 F. Supp. 2d 1327· M.D. Fla.· 2010-09-30 ·cited 7×
  The court granted the motions to dismiss, finding that the Amended Complaint failed to state claims with facial plausibility for many counts, and that some defendants were immune from suit.
• Andela v. Univ. of Miami
  692 F. Supp. 2d 1356· S.D. Fla.· 2010-03-08 ·cited 7×
  The court granted in part the defendants' motions to dismiss or for summary judgment, finding many of the plaintiff's claims barred by res judicata and collateral estoppel, and others failed to state a claim.
• DOE v. N. Okaloosa Med. Ctr., Inc.
  802 So. 2d 1202· Fla. 1st DCA· 2002-01-08 ·cited 7×
  The court affirmed an arbitration award, finding no impropriety in the arbitrators' reliance on expert testimony and their decision to exclude social security retirement benefits from the damages award.
• Humana Health Ins. Co. OF Fla., Inc. v. Chipps
  802 So. 2d 492· Fla. 4th DCA· 2001-12-26 ·cited 7×
  Humana Health Insurance appealed a jury verdict awarding over $79 million in damages to Mark Chipps for wrongfully terminating his daughter Caitlyn's coverage under its Medical Case Management program. The Fourth District Court of Appeal reversed and remanded for a new trial, fin
• Dewaard v. THE United Methodist Church
  793 So. 2d 1038· Fla. 3d DCA· 2001-07-18 ·cited 7×
  The Dewaards sued their church and church officials after a pastor sexually exploited Mrs. Dewaard during marital counseling. The court reversed dismissal of negligence claims against the District Superintendents and Florida Conference for failure to supervise, but affirmed dismi
• Mistretta v. Volusia Cnty. Dep't of Corr.
  61 F. Supp. 2d 1255· M.D. Fla.· 1999-02-01 ·cited 7×
  The court held that verbal reprimands and threats do not constitute adverse employment actions under the FMLA, and that the plaintiff failed to establish a prima facie case for retaliation or ADA discrimination due to lack of employer awareness of his limitations.
• Coddington v. John Staab also known as Jack Staab
  716 So. 2d 850· Fla. 4th DCA· 1998-09-02 ·cited 7×
  Appellant Coddington appealed the trial court's judgment on the pleadings dismissing his trespass complaint. The Fourth District Court of Appeal reversed, holding that the complaint adequately states a cause of action for trespass to both real and personal property, though it lim
• Weld v. Se. Cos., Inc.
  10 F. Supp. 2d 1318· M.D. Fla.· 1998-07-08 ·cited 7×
  The court held that individual defendants are not personally liable for employment discrimination claims, and that several of the plaintiff's claims, including wrongful termination and breach of implied covenant, fail to state a claim upon which relief can be granted.
• Patterson v. McNEEL
  704 So. 2d 1070· Fla. 2d DCA· 1997-12-19 ·cited 7×
  The Pattersons sued for false imprisonment and intentional infliction of emotional distress after Mrs. Patterson was arrested under the Baker Act on a petition allegedly initiated by her employers. The trial court dismissed the claims based on res judicata stemming from a prior f
• Angus v. Shiley Inc.
  989 F.2d 142· 3d Cir.· 1993-03-29 ·cited 7×
  The court held that the district court properly exercised diversity jurisdiction and correctly granted summary judgment, as the plaintiff failed to state a claim for intentional or negligent infliction of emotional distress under Pennsylvania law.
• Fremont G. Redfield v. Ins. Co. OF N. Am.
  940 F.2d 542· 9th Cir.· 1991-08-06 ·cited 7×
  The court held that damages awarded for age discrimination under the ADEA and FEHA are tort-type recoveries for personal injuries, excludable from gross income under I.R.C. § 104(a)(2), and thus not subject to federal income tax, FICA, or state income tax withholding.
• Kamenesh v. City of Miami
  772 F. Supp. 583· S.D. Fla.· 1991-07-15 ·cited 7×
  The court held that genuine issues of material fact precluded summary judgment on claims of due process violations, denial of promotion, and violations of the Police Officer's Bill of Rights, but granted summary judgment on the fraud claim.
• Nelson v. Monroe Reg'l Med. Ctr.
  925 F.2d 1555· 7th Cir.· 1991-02-19 ·cited 7×
  The court held that the dismissal of emotional distress claims was proper, but the grant of summary judgment on antitrust claims was erroneous, requiring further proceedings on market definition and power.
• Fridovich v. Fridovich
  573 So. 2d 65· Fla. 4th DCA· 1990-12-28 ·cited 7×
  Edward Fridovich appealed the dismissal of his complaint against family members who allegedly conspired to frame him for his father's death by providing false testimony that led to his criminal conviction for manslaughter. The Fourth District affirmed dismissal of defamation and
• Bailey v. Sys. Innovation, Inc.
  852 F.2d 93· 3d Cir.· 1988-07-21 ·cited 7×
  The court held that applying Middle District of Pennsylvania Local Rule 118.7 to civil litigants violates their First Amendment rights to freedom of speech, as it constitutes an unjustified prior restraint.
• Anderson v. Occidental Life Ins. Co. OF Cal.
  727 F.2d 855· 9th Cir.· 1984-03-06 ·cited 7×
  The court held that the United States is the real party in interest in actions against Medicare carriers, and thus sovereign immunity bars such claims.
• Polito v. Cont'l Cas. Co.
  689 F.2d 457· 3d Cir.· 1982-10-01 ·cited 7×
  The court held that the trial court should have submitted the breach of contract claim to the jury, allowing for prejudgment interest, and should have awarded attorneys' fees under the relevant court rule.
• Forde v. Royal's, Inc.
  537 F. Supp. 1173· S.D. Fla.· 1982-04-30 ·cited 7×
  The court held that the plaintiff's breach of contract and intentional infliction of mental distress claims were properly dismissed, and her Title VII claim was dismissed with leave to amend due to failure to allege sufficient facts for tolling the 180-day filing period.
• Brewster v. Woodward & Lothrop, Inc.
  530 F.2d 1016· D.C. Cir.· 1976-01-26 ·cited 7×
  The court held that the appellant's claims were barred by the statute of limitations and/or foreclosed by conclusive evidence of probable cause.
• Deaterly v. Jacobson
  313 So. 3d 798· Fla. 2d DCA· 2021-01-06 ·cited 6×
  The appellate court denied a petition for a writ of certiorari, upholding a trial court's decision to allow a plaintiff to amend their complaint to add a claim for punitive damages. The court clarified the procedural requirements for seeking punitive damages at the pleading stage
• Winter Haven Hosp., Inc. v. Liles
  148 So. 3d 507· Fla. 2d DCA· 2014-10-08 ·cited 6×
  Winter Haven Hospital appeals a judgment awarding compensatory and punitive damages for the tort of outrage based on the incineration of a deceased patient's organs without proper consent. The court reversed and remanded, holding that the Hospital was not liable for Dr. Gordon's