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

• Langbehn v. Pub. Health Tr. of Miami-Dade
  661 F. Supp. 2d 1326· S.D. Fla.· 2009-10-02 ·cited 6×
  The court held that hospitals and doctors do not owe a freestanding legal duty to allow visitation for patients in critical or terminal condition, nor a duty to provide routine medical updates to third parties not authorized to make medical decisions.
• Mother Doe I v. Al Maktoum
  632 F. Supp. 2d 1130· S.D. Fla.· 2007-07-30 ·cited 6×
  The court held that it lacked personal jurisdiction over the defendants because the plaintiffs failed to establish that the corporate activities could be attributed to the individual defendants under Florida law.
• Marshall v. Amerisys, Inc.
  943 So. 2d 276· Fla. 3d DCA· 2006-11-29 ·cited 6×
  Andrew Marshall, injured in a work-related motor vehicle accident, appeals the dismissal of his complaint against Amerisys, the managed care administrator for his workers' compensation claims. The trial court dismissed all counts based on workers' compensation statutory immunity,
• Carter v. Am. Online, Inc.
  208 F. Supp. 2d 1271· M.D. Fla.· 2001-10-02 ·cited 6×
  An employer is not vicariously liable for coworker sexual harassment if the employee fails to follow the employer's reasonable reporting policy, and the employer lacked actual or constructive notice of the harassment until after the employee complied with the policy.
• Brown v. Zaveri
  164 F. Supp. 2d 1354· S.D. Fla.· 2001-07-19 ·cited 6×
  The court held that a Title II claim requires exhaustion of state remedies, negligent retention requires employer knowledge of unfitness, and assault claims against employers fail if the employee's conduct is outside the scope of employment. Intentional infliction of emotional di
• Paul Koros, M.D. v. Doctors' Special Surgery Ctr. OF Jacksonville, Ltd.
  717 So. 2d 137· Fla. 1st DCA· 1998-09-11 ·cited 6×
  Dr. Paul Koros, a limited partner in a medical surgery center partnership, sought damages against his partnership and its general partners for alleged wrongdoing in recruiting and attempting to remove him. The court affirmed dismissal of his complaint, holding that a partner cann
• Moniz v. Reitano Enters., Inc.
  709 So. 2d 150· Fla. 4th DCA· 1998-03-25 ·cited 6×
  A Florida appellate court reversed a summary judgment in a sexual harassment suit, holding that a prior workers' compensation settlement does not bar separate tort and Title VII claims for sexual harassment based on intangible injuries to personal rights, though it does bar claim
• Carnegie v. Tedder
  698 So. 2d 1310· Fla. 2d DCA· 1997-09-05 ·cited 6×
  The Florida District Court of Appeal reversed a trial court's order closing civil case files, holding that a party seeking closure in a civil proceeding must satisfy the stringent Barron test, which requires showing that matters are peripheral rather than inherent to the litigati
• Sparks v. Jay's A.C. & Refrigeration, Inc.
  971 F. Supp. 1433· M.D. Fla.· 1997-07-15 ·cited 6×
  The court held that the Florida Supreme Court's decision in Byrd v. Richardson-Greenshields Sec. does not modify the prima facie elements of respondeat superior for intentional torts arising out of sexual harassment, and Florida law concerning the 'scope of employment' still appl
• Robbins v. Orlando
  683 So. 2d 664· Fla. 5th DCA· 1996-12-06 ·cited 6×
  The court held that the alleged acts constituted intentional torts, not medical malpractice, and therefore did not require compliance with Chapter 766's presuit screening requirements.
• Cary G. Byron v. Marine Carriers (USA), Inc.
  668 So. 2d 273· Fla. 1st DCA· 1996-02-15 ·cited 6×
  Byron sued Richard Smith, president of Marine Carriers Inc., for defamatory statements made by telephone from New Jersey to Florida. The trial court dismissed for lack of personal jurisdiction based on the corporate shield doctrine, but the appellate court reversed, holding that
• Simeon, Inc. v. COX
  655 So. 2d 156· Fla. 5th DCA· 1995-05-05 ·cited 6×
  Section 768.72 permits a plaintiff to plead punitive damages in a sworn complaint containing sufficient factual allegations that constitute a reasonable proffer of evidence; the trial court does not depart from the essential requirements of law by declining to strike such a claim
• Lang v. Reedy Creek Improvement Dist.
  888 F. Supp. 1143· M.D. Fla.· 1995-03-28 ·cited 6×
  Ex parte communications with former employees are permissible under ethical rules with specific guidelines, but contact with current employees is prohibited absent consent due to higher risks of ethical violations.
• Albert v. Nat'l Cash Register Co.
  874 F. Supp. 1328· S.D. Fla.· 1994-01-03 ·cited 6×
  Individual defendants cannot be held liable under Title VII or the Florida Human Rights Act, but the claim for intentional infliction of emotional distress survives dismissal, and all remaining claims must be arbitrated.
• Joseph and Marjorie Procopio v. Johnson
  994 F.2d 325· 7th Cir.· 1993-05-06 ·cited 6×
  The court held that foster parents do not possess a liberty interest in their foster family relationship protected by the Fourteenth Amendment, nor does the Adoption Assistance and Child Welfare Act create an enforceable right under 42 U.S.C. § 1983 for them.
• Davis v. The First Nat'l Bank OF Killeen
  976 F.2d 944· 5th Cir.· 1992-11-09 ·cited 6×
  The court held that there was insufficient evidence to support the jury's finding of age discrimination under the ADEA, reversing the lower court's judgment.
• Morgan v. Woessner
  975 F.2d 629· 9th Cir.· 1992-09-15 ·cited 6×
  The court held that the district court correctly determined that the initial stop of Morgan was a seizure unsupported by reasonable suspicion, but remanded for further proceedings regarding punitive damages.
• Snider v. Consolidation Coal Co.
  973 F.2d 555· 7th Cir.· 1992-08-26 ·cited 6×
  The court held that the jury's verdict on tort claims did not estop the judge from finding for the plaintiff on the Title VII claim, and that the damages awarded were appropriate.
• Doe v. Bd. of Cnty. Comm'rs
  815 F. Supp. 1448· S.D. Fla.· 1992-06-25 ·cited 6×
  The court held that the defendant's motion for judgment on the pleadings should be denied because the plaintiff alleged sufficient facts to state a claim for intentional infliction of emotional distress and to establish potential vicarious liability.
• Calvert v. Trans World Airlines, Inc.
  959 F.2d 698· 8th Cir.· 1992-03-17 ·cited 6×
  The Railway Labor Act preempts state law tort claims when they arise from the interpretation or application of a collective bargaining agreement, even if framed as intentional infliction of emotional distress.
• Brooks v. Hilton Casinos Inc.
  959 F.2d 757· 9th Cir.· 1992-03-12 ·cited 6×
  The court held that the totality of the evidence, including specific assurances of job security and established disciplinary procedures, was sufficient to raise a jury question regarding an implied contract of employment, rebutting the at-will presumption.
• Morales v. Dep't OF THE Army & the United States
  947 F.2d 766· 5th Cir.· 1991-11-22 ·cited 6×
  The Civil Service Reform Act (CSRA) and collective bargaining agreement provide the exclusive remedy for federal employees' claims arising from their employment relationship, precluding FTCA and constitutional claims.
• Crum v. Am. Airlines, Inc.
  946 F.2d 423· 5th Cir.· 1991-11-07 ·cited 6×
  The court held that the plaintiff was an at-will employee and that the defendant did not breach any contract by terminating his employment, nor did the plaintiff present sufficient evidence for claims of age discrimination, defamation, or intentional infliction of emotional distr
• Jones v. Tenn. Valley Auth.
  948 F.2d 258· 6th Cir.· 1991-10-31 ·cited 6×
  The court affirmed the dismissal of the plaintiff's claims, holding that Bivens remedies are unavailable for federal employees when Congress has provided comprehensive administrative schemes like the CSRA and ERA, and that FECA benefits are the exclusive remedy for intentional in
• Ali Daemi v. Church's Fried Chicken, Inc.
  931 F.2d 1379· 10th Cir.· 1991-04-23 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiff failed to establish claims for racial and national origin discrimination under Title VII and 42 U.S.C. § 1981, and also failed to establish his state-law claims for intentional infliction of emotional di
• Martin v. Baer
  928 F.2d 1067· 11th Cir.· 1991-04-17 ·cited 6×
  The court held that the plaintiff failed to demonstrate genuine issues of material fact regarding his claims for breach of contract, intentional infliction of emotional distress, and tortious nonfeasance, thus affirming the grant of summary judgment for the defendant.
• Norris Shealy v. Honorable William L. Winston
  929 F.2d 1009· 4th Cir.· 1991-04-11 ·cited 6×
  The court held that summary judgment for the defendant judges was proper because the plaintiff voluntarily retired and was not constructively discharged, thus there was no adverse employment decision to support an age discrimination claim. The denial of leave to amend the complai
• LaDonna Harrison v. Edison Bros. Apparel Stores
  924 F.2d 530· 4th Cir.· 1991-01-25 ·cited 6×
  The court held that a North Carolina employee fired for refusing sexual advances stated a claim for wrongful discharge, but that dismissal of claims against the alleged harasser barred derivative claims against the employer.
• Cont'l Cas. Co. v. Canadian Universal Ins. Co.
  924 F.2d 370· 1st Cir.· 1991-01-25 ·cited 6×
  The court held that the CUI policy covered the Irvine claim for mental anguish and emotional injury, and that CUI was primary insurer. For the Bagley settlement, CUI was liable for damages, and CNA was liable for attorney's fees attributable to specific claims against the Univers
• Harris v. Martin Regency, Ltd.
  576 So. 2d 1294· Fla.· 1991-01-17 ·cited 6×
  The Florida Supreme Court held that converting a mobile home park to vacant land or no use constitutes a valid 'change in use' under section 723.061(1)(d), but only if done in good faith and not to evade the statutory right of mobile home owners to purchase the park under section
• Dias v. SKY Chefs, Inc.
  919 F.2d 1370· 9th Cir.· 1990-11-27 ·cited 6×
  The court held that a corporation can be held liable under respondeat superior for a manager's sexual harassment and intentional infliction of emotional distress if the acts were committed within the scope of employment, and that a corporation lacks standing to assert the equal p
• Commissioner OF Internal Revenue v. Miller
  914 F.2d 586· 4th Cir.· 1990-09-21 ·cited 6×
  Punitive damages received as settlement for a defamation action are not excludable from gross income under 26 U.S.C. § 104(a)(2) because they do not serve to compensate the taxpayer for personal injury.
• Hampton v. Internal Revenue Serv.
  913 F.2d 180· 5th Cir.· 1990-09-12 ·cited 6×
  The court held that a federal employee must exhaust administrative remedies before suing for employment discrimination and that prior discrimination claims are moot if the employee is terminated and cannot be reinstated.
• Perry v. Command Performance
  913 F.2d 99· 3d Cir.· 1990-08-30 ·cited 6×
  The court held that the district court erred in granting summary judgment because the record was insufficient to determine if a contract had been formed before the alleged discriminatory refusal of service.
• Tice v. Botetourt Cnty. Sch. Bd.
  908 F.2d 1200· 4th Cir.· 1990-07-18 ·cited 6×
  Reimbursement for special education expenses under the Act is appropriate if the public schools failed to provide a Free Appropriate Public Education (FAPE) and the parents' alternative placement was proper, regardless of whether the school's procedural violations directly caused
• David Bruce Gilbert, M.D. v. Ben-Asher
  900 F.2d 1407· 9th Cir.· 1990-04-16 ·cited 6×
  The court held that the plaintiff's claims were barred by res judicata and collateral estoppel due to prior state court adjudications and stipulations.
• Knafel v. Pepsi-Cola Bottlers OF Akron, Inc.
  899 F.2d 1473· 6th Cir.· 1990-03-27 ·cited 6×
  The court affirmed the Title VII judgment for Knafel against Pepsi and reversed the dismissal of Knafel's state law claims, finding them not preempted by federal labor law.
• Reuber v. Food Chem. News, Inc.
  899 F.2d 271· 4th Cir.· 1990-03-20 ·cited 6×
  The court affirmed the judgment against Food Chemical News for defamation and invasion of privacy, finding sufficient evidence of actual malice and that the publication of private facts was not of legitimate public concern. The court also affirmed the dismissal of claims against
• Langston v. ACT
  890 F.2d 380· 11th Cir.· 1989-12-13 ·cited 6×·via Outrageous Conduct Causing Severe Emotional Distress
  The court held that the American College Testing Program (ACT) did not engage in state action, did not breach its contract by cancelling a score in good faith, and was protected by qualified privilege for communications regarding the investigation, thus affirming summary judgment
• Sullivan v. Carrick
  888 F.2d 1· 1st Cir.· 1989-10-25 ·cited 6×
  The court held that the defendant's actions did not violate clearly established First Amendment rights, and therefore qualified immunity applied.
• Childers v. The Chesapeake & Potomac Tel. Co.
  881 F.2d 1259· 4th Cir.· 1989-07-28 ·cited 6×
  A federal court has discretion to dismiss meritless state-law claims during its preemption inquiry, and here, the plaintiff's state claims were plainly without merit, warranting summary judgment.
• Thomas v. Douglas
  877 F.2d 1428· 9th Cir.· 1989-06-22 ·cited 6×
  The court held that summary judgment was properly granted because the plaintiff failed to establish that his protected speech was a substantial or motivating factor in the employer's decision, that he was placed in imminent danger, or that the working conditions constituted wrong
• Kinan v. City OF Brockton
  876 F.2d 1029· 1st Cir.· 1989-06-02 ·cited 6×
  The court affirmed the directed verdicts and jury findings, holding that the trial court did not err in excluding evidence, directing verdicts, or in its jury instructions.
• English v. Gen. Elec. Co.
  871 F.2d 22· 4th Cir.· 1989-04-03 ·cited 6×
  The court held that the employee's state tort claim for intentional infliction of emotional distress was preempted by the federal whistleblower provisions of the Energy Reorganization Act.
• OTS Elevator Co. v. Scott
  551 So. 2d 489· Fla. 4th DCA· 1989-03-08 ·cited 6×
  In a wrongful discharge action under section 440.205, Fla. Stat., the trial court erred in excluding witness testimony, in awarding damages for lost future wages without evidence that the employee could not mitigate or did not attempt to find comparable work, and in refusing a ju
• Mut. Serv. Cas. Ins. Co. v. Country Life Ins. Co.
  859 F.2d 548· 7th Cir.· 1988-10-12 ·cited 6×
  An insurer's duty to defend is determined by the allegations in the underlying complaint; if those allegations clearly predicate liability on intentional torts outside the policy's 'occurrence' definition, the insurer has no duty to defend, even if the insured later attempts to a
• Patton v. The Cnty. OF Kings
  857 F.2d 1379· 9th Cir.· 1988-09-30 ·cited 6×
  The court held that while the plaintiff's action was frivolous, the district court erred by not providing sufficient findings for the attorney's fee award calculation and by failing to consider the plaintiff's ability to pay.
• Harlan McGREGOR v. MacInnes
  856 F.2d 39· 6th Cir.· 1988-09-02 ·cited 6×
  The court held that plaintiffs failed to state a claim under CERCLA by not specifically alleging their own incurred response costs, and that the district court lacked jurisdiction over the RCRA claim due to failure to allege mandatory notice requirements.
• Holcomb v. Colony BAY Coal Co.
  852 F.2d 792· 4th Cir.· 1988-07-29 ·cited 6×
  The court affirmed the district court's grant of summary judgment, finding that the arbitration award was valid, the MSHA claim was not exhausted, and the union did not breach its duty of fair representation.
• Swinarski v. Keller
  529 So. 2d 1208· Fla. 4th DCA· 1988-07-27 ·cited 6×
  Swinarski appeals from a judgment awarding compensatory and punitive damages for intentional infliction of emotional distress against him. The appellate court reversed, finding that the conduct, while potentially tortious or malicious, did not meet the high threshold of being ext