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

• Byrd v. Richardson-Greenshields Sec., Inc.
  527 So. 2d 899· Fla. 2d DCA· 1988-06-24 ·cited 6×
  Female employees sued their corporate employers for intentional infliction of emotional distress based on sexual harassment by a male branch manager. The court affirmed dismissal, holding that Florida's workers' compensation laws provide the exclusive remedy for emotional injurie
• Saul v. Larsen
  847 F.2d 573· 9th Cir.· 1988-05-25 ·cited 6×
  Federal officers are not automatically immune from state tort claims for acts within their official capacity; the acts must be discretionary and the balance of governmental benefit must outweigh the harm to the individual.
• Albert Greenwood, M.D. v. The State OF NEW York
  842 F.2d 636· 2d Cir.· 1988-03-23 ·cited 6×
  The court held that a complaint placed in the clerk's night depository box, stamped with the date and time, is considered filed on that date, even if after business hours, provided the clerk has actual possession.
• Galloway Farms, Inc. v. The United States
  834 F.2d 998· Fed. Cir.· 1987-12-02 ·cited 6×
• Kunzi v. PAN Am. World Airways, Inc.
  833 F.2d 1291· 9th Cir.· 1987-11-23 ·cited 6×
  The court held that a remand order issued by the district court based on a determination of lack of subject matter jurisdiction, even if erroneous, is unreviewable on appeal or by writ of mandamus under 28 U.S.C. § 1447(c) and (d).
• Lavis Plumbing Servs., Inc. v. Johnson
  515 So. 2d 296· Fla. 3d DCA· 1987-10-27 ·cited 6×
  Lavis Plumbing Services appealed a judgment where a jury found it liable for damages based on a counterclaim by former employee Claude Johnson and his wife Reba. The court affirmed the denial of Lavis's complaint but reversed the counterclaim award, holding that the Johnsons fail
• Pochiro v. The Prudential Ins. Co. OF Am.
  827 F.2d 1246· 9th Cir.· 1987-09-09 ·cited 6×
  The court held that the Pochiros' claims were compulsory counterclaims to Prudential's prior action and were thus barred by res judicata, and that the district court did not err in denying leave to amend.
• Stanley M. Pariser, M.D. v. Christian Health Care Sys., Inc.
  816 F.2d 1248· 8th Cir.· 1987-04-16 ·cited 6×
  The court held that a physician's suspension based on a biased tribunal constituted a breach of contract under Illinois law, but affirmed the dismissal of other claims, including due process, Sherman Act, and tortious interference.
• Sheehan v. Atlanta Int'l Ins. Co. & Integrity Ins. Co.
  812 F.2d 465· 9th Cir.· 1987-03-06 ·cited 6×
  A release signed as part of a settlement agreement is binding and bars subsequent claims, including bad faith claims, unless specific grounds like duress or public policy are proven.
• Yancy v. McDEVITT
  802 F.2d 1025· 8th Cir.· 1986-10-02 ·cited 6×
  The court held that a school board's factfinding in a teacher termination hearing, when conducted in an adjudicatory capacity, is entitled to preclusive effect in subsequent federal civil rights actions under Iowa law.
• Brown v. Capitol AIR, Inc.
  797 F.2d 106· 2d Cir.· 1986-08-05 ·cited 6×
  A defendant who removes litigation to federal court, thereby bifurcating a unitary claim and increasing costs, cannot recover sanctions under Rule 11 for the resulting superfluous proceedings.
• Bell v. Crackin Good Bakers, Inc.
  777 F.2d 1497· 11th Cir.· 1985-12-11 ·cited 6×
• Snyder v. Kurvers
  767 F.2d 489· 8th Cir.· 1985-07-12 ·cited 6×
  The court held that the executive secretary of the Board on Judicial Standards was entitled to qualified immunity because the plaintiff's allegations did not establish a violation of clearly established constitutional rights to privacy.
• Est. OF Marie Morton v. United States Fid. & Guar. Co.
  460 So. 2d 526· Fla. 4th DCA· 1984-12-12 ·cited 6×
  The court held that the trial court erred in dismissing the counts with prejudice, and the appellant should be given the opportunity to amend the complaint.
• Harrington v. Beltran J. Pages
  440 So. 2d 521· Fla. 4th DCA· 1983-11-16 ·cited 6×
  The court affirmed the dismissal of a complaint by Patrick Harrington and his minor children against Dr. Beltran Pages, holding that claims for intentional infliction of emotional distress arising from a physician's sexual misconduct with the plaintiffs' spouse/parent cannot circ
• Martin v. Wash. Metro. Area Transit Auth.
  667 F.2d 435· 4th Cir.· 1981-12-11 ·cited 6×
  The court held that the arrest and removal of a passenger for fare evasion constituted a governmental function, entitling WMATA to sovereign immunity.
• Kirkpatrick v. Zitz
  401 So. 2d 850· Fla. 1st DCA· 1981-07-07 ·cited 6×
  Kirkpatrick appeals dismissal of her complaint alleging intentional infliction of emotional distress against her insurer, Transamerica, for allegedly directing the pet store owner to conceal information about a skunk that bit her potentially exposing her to rabies. The court reve
• Cordoba v. Cordoba
  393 So. 2d 589· Fla. 4th DCA· 1981-01-21 ·cited 6×
  A former husband appeals an order denying his motion to quash service of process for a tort count involving alleged intentional infliction of emotional distress, which was served on him while he was attending trial on related in rem property counts. The court holds that non-resid
• Marcario Chavez v. Kennecott Copper Corp.
  547 F.2d 541· 10th Cir.· 1977-01-11 ·cited 6×
  The court held that the New Mexico Workmen's Compensation Act provides the exclusive remedy for a denial of benefits, and a settlement of a claim under the Act bars subsequent claims for bad faith denial.
• Flood v. Ware
  326 So. 2d 46· Fla. 2d DCA· 1976-01-30 ·cited 6×
  William Flood appealed a trial court's order denying a new trial after a jury verdict in his favor. The appellate court held that when a party fails to appeal an order granting a new trial, that order becomes the law of the case and cannot be reversed by a successor judge, and th
• Olive Gill v. Allstate Ins. Co.
  458 F.2d 577· 6th Cir.· 1972-04-19 ·cited 6×
  The court held that the district court correctly dismissed the action for want of the jurisdictional amount, as the plaintiffs' claims were demonstrably for less than the required sum.
• Abraham Used CAR Co. v. Silva
  208 So. 2d 500· Fla. 3d DCA· 1968-03-28 ·cited 6×
  A used car dealer was held liable for slander and intentional infliction of emotional distress after a salesman falsely told the plaintiff that she had committed a crime and a police pick-up order had been issued against her. The appellate court affirmed the jury verdict of $5,00
• United States v. Hambleton et ux.
  185 F.2d 564· 9th Cir.· 1950-11-28 ·cited 6×
  The court held that the intentional infliction of severe emotional distress, even without physical impact, constitutes an "assault" within the meaning of the Federal Tort Claims Act's exceptions, thus barring recovery against the United States.
• Fla. Power & Light Co. v. Hicks
  162 So. 3d 1074· Fla. 4th DCA· 2015-04-15 ·cited 5×
  Florida Power & Light appealed a circuit court order requiring production of attorney-client privileged documents based on relevance and necessity. The appellate court quashed the order, holding that attorney-client privilege cannot be overcome merely by showing relevance and nee
• Cameshia Byrd v. BT Foods, Inc.
  26 So. 3d 600· Fla. 4th DCA· 2009-12-02 ·cited 5×
  Cameshia Byrd sued her employer, Wendy's, for HIV discrimination after termination. The trial court admitted a 'no reasonable cause' determination letter from the EEOC into evidence, which the jury relied upon in finding for the employer. The Fourth District reversed, holding tha
• MS Ex Rel. Soltys v. Seminole Cnty. Sch. BD.
  636 F. Supp. 2d 1317· M.D. Fla.· 2009-07-10 ·cited 5×
  The court held that the defendant teacher's motion for summary judgment should be denied because the plaintiff presented sufficient evidence to support claims of constitutional deprivation under § 1983 and state law torts, and the defendant was not entitled to qualified immunity
• Canseco v. Cheeks
  939 So. 2d 1122· Fla. 3d DCA· 2006-10-04 ·cited 5×
  Former professional baseball players Jose and Oswaldo Canseco appealed a judgment for battery, conspiracy to commit battery, and intentional infliction of emotional distress after they attacked two conference attendees at a Miami Beach nightclub without provocation. The Florida D
• Lapar v. Potter
  395 F. Supp. 2d 1152· M.D. Fla.· 2005-10-19 ·cited 5×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1985 due to the intracorporate conspiracy doctrine and the exclusivity of the Rehabilitation Act. Rehabilitation Act claims were dismissed for failure to exhaust administrative remedies, and Florida Civil
• State v. Mied, Inc.
  869 So. 2d 13· Fla. 1st DCA· 2004-02-27 ·cited 5×
  The Florida Agency for Health Care Administration appeals a $20 million jury verdict in favor of MIED, Inc. for breach of a Medicaid Provider Agreement and equitable estoppel. The appellate court reverses, holding that MIED's breach of contract claims fail as a matter of law due
• Nicor Int'l Corp. v. El Paso Corp.
  292 F. Supp. 2d 1357· S.D. Fla.· 2003-11-24 ·cited 5×·via Outrageous Conduct Causing Severe Emotional Distress
  The court held that the Dominican Republic sentence was not entitled to recognition as a foreign judgment because it did not award a specific sum of money, and even if it did, the proceeding was contrary to the parties' arbitration agreement, which the arbitrator had already dete
• Andras Pota v. Kenneth Holtz, M.D.
  852 So. 2d 379· Fla. 3d DCA· 2003-08-20 ·cited 5×
  Parents of an infant who died during birth aboard a cruise ship appealed the dismissal of their medical malpractice suit against the ship's doctor. The court reversed, holding that the doctor was validly served with process when suit papers were delivered to his authorized attorn
• Brown v. Brown
  800 So. 2d 359· Fla. 4th DCA· 2001-11-28 ·cited 5×
  Janice Brown and Diana Trost were found liable for intentional interference with custodial parent-child relationship and intentional infliction of emotional distress after they harbored Bonnie Brown's son Alex in North Carolina for 23 days. The appellate court reversed because th
• SM Brickell Ltd. P'ship v. ST. Paul Fire & Marine INS. Co.
  786 So. 2d 1204· Fla. 3d DCA· 2001-05-30 ·cited 5×
  An insurer has a duty to defend when an amended complaint alleges facts potentially creating coverage, even if the allegations suggest intentional acts disguised as negligence.
• Fernez v. Calabrese
  760 So. 2d 1144· Fla. 5th DCA· 2000-07-07 ·cited 5×
  A claim of qualified immunity cannot support interlocutory certiorari review when the underlying cause of action—here, damages for violation of procedural due process and free speech rights under the Florida Constitution—is not recognized as an actionable tort under Florida law.
• Gillyard v. DELTA Health Grp., Inc.
  757 So. 2d 601· Fla. 5th DCA· 2000-05-12 ·cited 5×
  The appellate court affirmed the dismissal of a nurse's complaint alleging retaliatory discharge and intentional infliction of emotional distress. The court found that the mandatory evacuation order, which the nurse cited as the reason for not reporting to work, did not constitut
• Gill v. Kostroff
  82 F. Supp. 2d 1354· M.D. Fla.· 2000-02-08 ·cited 5×
  The court denied plaintiff's motion for partial summary judgment on most counts, finding genuine issues of material fact regarding the bona fide error defense under the FDCA and insufficient evidence for claims of defamation, malicious prosecution, and violations of the Florida C
• Lee v. Executive Airlines, Inc.
  31 F. Supp. 2d 1355· S.D. Fla.· 1998-08-19 ·cited 5×
  The court held that the plaintiff's motion to compel further discovery was denied as unduly burdensome, and the plaintiff's motion to exclude the EEOC determination letter was granted due to its conclusory nature and potential for prejudice.
• Wausau Ins. Co. v. Haynes
  683 So. 2d 1123· Fla. 4th DCA· 1996-12-11 ·cited 5×
  Although the court had jurisdiction to review the nonfinal order denying the motion to dismiss for workers' compensation immunity, the case was not ripe for appellate review because the pleadings were not finally closed and the plaintiff might amend to allege an independent tort
• Pucci v. USAir
  940 F. Supp. 305· M.D. Fla.· 1996-09-27 ·cited 5×
  The court held that the alleged conduct, while uncivilized, did not rise to the level of outrageousness required for intentional infliction of emotional distress in an employment context, but assault and battery claims could be amended. The court also denied motions for a more de
• Collings v. E-Z Serve Convenience Stores, Inc.
  936 F. Supp. 892· N.D. Fla.· 1996-08-14 ·cited 5×
  A later-joined defendant may remove a case to federal court if they file their petition within 30 days of being served, even if the initial defendant waived its right to remove.
• Park v. First Union Brokerage Servs., Inc.
  926 F. Supp. 1085· M.D. Fla.· 1996-05-29 ·cited 5×
  The court held that the arbitration award would be confirmed because the respondent failed to establish grounds for vacatur, including evident partiality, undue means, or due process violations.
• Capraro v. United Parcel Serv. Co.
  993 F.2d 328· 3d Cir.· 1993-05-10 ·cited 5×
  State law claims arising from an employment termination are preempted by the Railway Labor Act (RLA) if their resolution depends on the interpretation of a collective bargaining agreement, and such claims must be resolved through the RLA's mandatory grievance and arbitration proc
• AETNA Cas. & Sur. Co. v. Sheft
  989 F.2d 1105· 9th Cir.· 1993-03-31 ·cited 5×
  The court held that under California Insurance Code section 533, an insurer is not required to indemnify for damages caused by an insured's inherently harmful conduct, even if not specifically intended to cause the resulting harm.
• MEE v. Ortega
  967 F.2d 423· 10th Cir.· 1992-06-18 ·cited 5×
  Parole officers are entitled to qualified immunity, not absolute immunity, for decisions to detain parolees pending revocation hearings, and supervisors are not liable without a showing of personal involvement.
• Bills v. Aseltine
  958 F.2d 697· 6th Cir.· 1992-03-09 ·cited 5×
  The court held that the district court erred in granting summary judgment regarding the August 20th search, as the reasonableness of allowing a private security officer to photograph items unrelated to the warrant's purpose presented a jury question. However, the court affirmed s
• Peterson v. City OF Plymouth
  945 F.2d 1416· 8th Cir.· 1991-10-01 ·cited 5×
  The court held that officers were not entitled to qualified immunity for arresting Peterson without probable cause and that the district court erred in dismissing remaining state law claims based on lawful arrest findings.
• Johnson v. Powell F. Carter
  939 F.2d 180· 4th Cir.· 1991-07-08 ·cited 5×
  The dissenting judge would hold that the Attorney General's certification of scope of employment should preclude judicial review and that the district court's factual findings were clearly erroneous.
• Archer v. Sanchez
  933 F.2d 1526· 10th Cir.· 1991-06-03 ·cited 5×
  Qualified immunity should be granted because the contours of the plaintiff's right were unclear under New Mexico law, making the unlawfulness of the defendant's actions not apparent.
• Puckett v. Tenn. Eastman Co.
  889 F.2d 1481· 6th Cir.· 1989-11-07 ·cited 5×
  The court affirmed the dismissal of all claims, holding that the state law claim was time-barred due to an election of remedies, the Title VII claim was properly dismissed for failure to obtain a right-to-sue letter, and the RICO claim failed for lack of separate entities and an
• Brown v. City of Miami Beach
  684 F. Supp. 1081· S.D. Fla.· 1988-04-20 ·cited 5×
  The court held that a municipality may not prosecute fire code violations in county court if it has created a code enforcement board, as jurisdiction is vested exclusively in the board.