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

• Saverio D. Ruffolo v. Oppenheimer & Co., Inc.
  949 F.2d 33· 2d Cir.· 1991-11-05 ·cited 4×
  The appeal is dismissed for want of appellate jurisdiction because the district court's order did not terminate the action as to all parties or claims without Rule 54(b) certification.
• Ruzicka v. The Conde Nast Publ'ns, Inc.
  939 F.2d 578· 8th Cir.· 1991-07-19 ·cited 4×
  The court affirmed summary judgment on breach of contract and tort claims, but remanded for consideration of a promissory estoppel claim, finding Minnesota law applies and bars contract claims but may allow estoppel.
• Schneider v. TRW, Inc.
  938 F.2d 986· 9th Cir.· 1991-07-10 ·cited 4×
  Summary judgment for the employer is affirmed because the employee failed to raise a triable issue of material fact regarding her claims, including that her layoff was due to a legitimate reduction in force and not discriminatory reasons.
• White v. Hezikiah Walker
  932 F.2d 1136· 5th Cir.· 1991-06-11 ·cited 4×
  The court held that the officer was not entitled to qualified immunity as a matter of law because he presented no evidence to support the defense, and affirmed the dismissal of other claims.
• Risk v. K.I. Halvorsen
  936 F.2d 393· 9th Cir.· 1991-06-05 ·cited 4×
  The court held that Norway is immune from suit under the Foreign Sovereign Immunity Act's discretionary function exception, and the consular officials are immune under the Vienna Convention on Consular Relations.
• Vacca v. Barletta
  933 F.2d 31· 1st Cir.· 1991-05-09 ·cited 4×
  The court held that genuine issues of material fact exist regarding the reasonableness of the defendant's actions in removing the plaintiff from the meeting, thus precluding summary judgment.
• Leshurn Hunt v. Jaglowski
  926 F.2d 689· 7th Cir.· 1991-03-07 ·cited 4×
  The court held that the Assistant State's Attorney was entitled to prosecutorial immunity for his actions in reviewing and approving charges after the plaintiff had confessed.
• Sibley v. Adjustco, Inc.
  573 So. 2d 353· Fla. 2d DCA· 1990-12-07 ·cited 4×
  A workers' compensation claimant sued his employer's insurance investigator for fraud and intentional infliction of emotional distress, alleging the investigator altered his statement during claim investigation. The court affirmed dismissal for lack of subject matter jurisdiction
• Ivory Watson and Calley Watson v. Fraternal Order OF Eagles
  915 F.2d 235· 6th Cir.· 1990-10-01 ·cited 4×
  The court held that 42 U.S.C. § 1981 applies to refusals to contract by private clubs, and the private club exception in Title II of the Civil Rights Act of 1964 does not limit § 1981 actions. The court also held that the Grand Aerie is not liable under § 1981 as no evidence show
• Bernice L. Rang in the Matter of the Estate of Charles W. Rang, Sr. v. The Hartford Variable Annuity Life Ins. Co.
  908 F.2d 380· 8th Cir.· 1990-07-16 ·cited 4×
  Endorsement of checks stating they were in full settlement constituted an accord and satisfaction under South Dakota law, barring the breach of contract claim, and amendment of the complaint was justifiably denied.
• Mitchell v. The Sch. Bd. OF Dade Cnty.
  566 So. 2d 2· Fla. 3d DCA· 1990-05-08 ·cited 4×
  The court affirmed dismissal of tort claims against the Dade County School Board, holding that the notice of claim was deficient as to one plaintiff, the remaining claims failed to state viable causes of action, and any viable claims were subject to mandatory arbitration under th
• Krashna v. Oliver Realty, Inc.
  895 F.2d 111· 3d Cir.· 1990-02-02 ·cited 4×
  The court held that the district court lacked removal jurisdiction because the state law claim for interference with worker's compensation benefits was not completely preempted by federal law (LMRA § 301).
• Vance J. Skillsky v. Lucky Stores, Inc.
  893 F.2d 1088· 9th Cir.· 1990-01-11 ·cited 4×
  The court held that hearsay evidence not objected to at summary judgment is admissible against the non-objecting party, and that California law would likely extend the tort of retaliatory discharge to subsequent employers.
• United Servs. Auto. Ass'n v. Stacie L. Grant and Brian Grant
  555 So. 2d 892· Fla. 1st DCA· 1990-01-05 ·cited 4×
  USAA sought a writ of certiorari to review a trial court order denying its motion to abate bad faith insurance claims pending resolution of underlying breach of contract and uninsured motorist coverage claims. The appellate court denied the petition, holding that joinder of bad f
• Lei Abbott v. Harlan Owens Williams, Jr.
  888 F.2d 1550· 11th Cir.· 1989-11-30 ·cited 4×
  A divorce decree does not automatically extinguish all tort claims arising during the marriage, and a settlement agreement must clearly indicate intent to resolve such claims for res judicata to apply.
• DeHORNEY v. Bank OF Am. Nat'l Tr. & Sav. Ass'n
  879 F.2d 459· 9th Cir.· 1989-07-13 ·cited 4×
  The court held that state courts have concurrent jurisdiction over 42 U.S.C. § 1981 claims, abstention was not warranted, and summary judgment was properly granted for the employer on claims of wrongful discharge, interference with contractual relations, and racial discrimination
• Langer v. Monarch Life Ins. Co.
  879 F.2d 75· 3d Cir.· 1989-07-06 ·cited 4×
  The court held that the employment contract's disability insurance provision was ambiguous and that the parties' course of performance created a latent ambiguity, precluding summary judgment for the employer. The court also remanded for reconsideration of the motion to amend the
• In re LeMAIRE v. LeMAIRE
  883 F.2d 1373· 8th Cir.· 1989-07-05 ·cited 4×
  The court should have reversed the lower courts' decisions, holding that the judgment debt for intentionally inflicting a gunshot wound should not be discharged.
• West v. State Farm Fire & Cas. Co.
  868 F.2d 348· 9th Cir.· 1989-02-22 ·cited 4×
  The court held that an insurer's request for an examination under oath, and for statements from household members, can be deemed reasonable as a matter of law, precluding summary judgment.
• Deupree v. Iliff
  860 F.2d 300· 8th Cir.· 1988-10-26 ·cited 4×
  The court held that the defendant's statement of opinion is protected by the First Amendment, precluding defamation or intentional infliction of emotional harm claims.
• Winery v. E & J Gallo Winery, Inc.
  857 F.2d 1353· 9th Cir.· 1988-05-27 ·cited 4×
  The court held that the dispute over whether strike misconduct was violent is arbitrable under the collective bargaining agreement, and the Amnesty Clause does not prevent arbitration of this threshold issue.
• Moon v. Phillips
  854 F.2d 147· 7th Cir.· 1988-03-17 ·cited 4×
  A federal employee alleging constitutional violations stemming from adverse personnel actions cannot bypass the administrative remedies provided by Congress, even if those remedies are perceived as less effective than a judicial damages award.
• Tiny J. Willis v. Reynolds Metals Co.
  840 F.2d 254· 4th Cir.· 1988-02-29 ·cited 4×
  State tort claims are preempted by § 301 of the LMRA when they require interpretation of a collective bargaining agreement.
• Ceasar Gaiters, Jr. v. Lynn
  831 F.2d 51· 4th Cir.· 1987-10-13 ·cited 4×
  The court held that the defendant's conduct, as pleaded, did not rise to the level of outrageousness required for intentional infliction of emotional distress under Virginia law.
• Webb v. McCULLOUGH
  828 F.2d 1151· 6th Cir.· 1987-09-17 ·cited 4×
  The court held that the searches of the student's hotel room were permissible under the in loco parentis doctrine, but the alleged physical assault by the principal may violate substantive due process rights, requiring further proceedings.
• Gamal S. Henein v. Saudi Arabian Parsons Ltd.
  818 F.2d 1508· 9th Cir.· 1987-06-05 ·cited 4×
  The court held that the employer was justified in terminating the employee's contract due to the Saudi Arabian government's order of banishment, and that the employee's other claims lacked admissible evidence or were time-barred.
• Guillen v. Barnes
  819 F.2d 975· 10th Cir.· 1987-06-03 ·cited 4×
  The court held that the IRS acted reasonably in mailing deficiency notices to the taxpayer's last known address, and the defendant IRS officer is shielded from liability.
• Scott v. MacHinists Auto. Trades Dist. Lodge NO. 190 OF N. Cal.
  815 F.2d 1281· 9th Cir.· 1987-04-27 ·cited 4×
  The court held that the district court properly granted summary judgment on federal claims because the union did not breach its duty of fair representation, and that the remand of state claims was not reviewable.
• Majorie Rubek v. Barnhart
  814 F.2d 1283· 8th Cir.· 1987-04-03 ·cited 4×
  The court held that supervisors cannot be held liable under § 1983 if the subordinate's conduct did not amount to a constitutional violation.
• McGINNIS v. E.F. Hutton & Co., Inc.
  812 F.2d 1011· 6th Cir.· 1987-03-04 ·cited 4×
  A non-broker who signs a U-4 agreement and is subject to NYSE Rule 347 must arbitrate claims arising out of employment or termination, even if the claims involve common law torts.
• Freeman v. Lane
  504 So. 2d 1297· Fla. 5th DCA· 1987-02-26 ·cited 4×
  Margaret Freeman sought to revoke a revocable trust she had created, but the trial court invalidated her revocation on grounds of undue influence and mental incapacity. The appellate court reversed, holding that undue influence alone cannot prevent revocation of a revocable trust
• Mayon v. S. Pac. Transp. Co.
  805 F.2d 1250· 5th Cir.· 1986-12-17 ·cited 4×
  The Railway Labor Act (RLA) provides the exclusive remedy for a railroad employee's wrongful discharge claim, preempting claims under state law and the Federal Employers' Liability Act (FELA).
• Baggett v. Program Res., Inc.
  806 F.2d 178· 8th Cir.· 1986-11-26 ·cited 4×
  The court affirmed the district court's finding of sex discrimination and award of backpay, holding that PRI failed to articulate a legitimate nondiscriminatory reason for not rehiring Baggett and that the district court did not err in considering other employment decisions or in
• Roy P. Boucvalt, M.D. v. Bd. OF Comm'rs OF Hosp. Serv. Dist. NO. 1
  798 F.2d 722· 5th Cir.· 1986-08-27 ·cited 4×
• FOX v. Boucher
  794 F.2d 34· 2d Cir.· 1986-06-20 ·cited 4×
  The court affirmed the dismissal of the plaintiff's complaint and the imposition of sanctions, finding the action frivolous and brought in bad faith. It also assessed double costs and attorney's fees against the appellant for a frivolous appeal.
• Marcella v. ARP Films, Inc.
  778 F.2d 112· 2d Cir.· 1985-12-03 ·cited 4×
  The court affirmed the judgment, holding that the defendant distributors were not deprived of the defense of disloyalty and that commissions found due were not premature.
• Williams v. Wood
  475 So. 2d 289· Fla. 5th DCA· 1985-09-12 ·cited 4×
  The court granted a writ of certiorari to review a trial court's order disqualifying counsel Leon Handley from representing clients in a family business dispute. The appellate court held that the disqualification order was improper because the defendants failed to demonstrate tha
• Thompson v. Prince William Cnty.
  753 F.2d 363· 4th Cir.· 1985-01-31 ·cited 4×
  The court held that the arrest warrant was supported by probable cause, and therefore, the plaintiff's § 1983 claim was properly dismissed.
• Janette Dyke Murr v. Stinson
  752 F.2d 233· 6th Cir.· 1985-01-14 ·cited 4×
  The court held that admitting evidence of the Sheriff's prior felony convictions to impeach his credibility was not an abuse of discretion.
• Carter v. Sheet Metal Workers' Int'l Ass'n & Local 85 Sheet Metal Workers' Int'l Ass'n
  724 F.2d 1472· 11th Cir.· 1984-02-13 ·cited 4×
  The state tort claim for intentional infliction of emotional distress is preempted by the National Labor Relations Act because the alleged tortious conduct is the same as conduct that would constitute an unfair labor practice under the Act.
• Gross v. United States
  723 F.2d 609· 8th Cir.· 1983-12-19 ·cited 4×
  The court held that the government's demand for refund constituted continuing tortious conduct within the statute of limitations, but the award of interest on the prior judgment was prohibited.
• Garland v. Herrin
  724 F.2d 16· 2d Cir.· 1983-12-08 ·cited 4×
  Under New York law, parents cannot recover damages for emotional distress resulting from extreme and outrageous conduct that caused the death of their child, as such claims are limited to pecuniary injuries under the wrongful death statute and New York does not recognize recovery
• Harvey v. Rogers T. Martin & Am. Postal Workers Union
  714 F.2d 650· 6th Cir.· 1983-08-12 ·cited 4×
  The court held that the plaintiff's claims were barred by the applicable statutes of limitations because he failed to exercise reasonable diligence in discovering his causes of action.
• Gellert v. E. Airlines, Inc.
  688 F.2d 723· 11th Cir.· 1982-10-04 ·cited 4×
  The district court lacked jurisdiction to adjudicate the preemption issue or state law claims, thus its rulings on those matters were void.
• Bennett v. S. Marine Mgmt. Co.
  531 F. Supp. 115· M.D. Fla.· 1982-01-28 ·cited 4×
  The court held that it should not exercise pendent jurisdiction over state law claims for breach of contract and intentional infliction of emotional distress in a Title VII action because doing so would conflict with federal policy underlying Title VII.
• Life Ins. Co. OF N. Am. v. Capps
  660 F.2d 392· 9th Cir.· 1981-10-26 ·cited 4×
• Medel v. Republic Nat'l Bank OF Miami
  388 So. 2d 327· Fla. 3d DCA· 1980-09-23 ·cited 4×
  A Florida appellate court quashed a trial court's order denying a motion to compel discovery of defendants' financial information in a case where the plaintiff sought punitive damages for conversion and intentional infliction of emotional distress. The court held that absent demo
• Moolenaar v. Atlas Motor Inns, Inc.
  616 F.2d 87· 3d Cir.· 1980-03-03 ·cited 4×
  The court held that the trial judge erred by refusing to instruct the jury on Virgin Islands statutes granting innkeepers the right to evict patrons violating house rules, and that the claim for intentional infliction of emotional distress should not have been submitted to the ju
• Ross v. Burns
  612 F.2d 271· 6th Cir.· 1980-01-03 ·cited 4×
  The court held that photographing an undercover officer and publishing his identity, even with critical commentary, does not constitute "extreme and outrageous conduct" required for intentional infliction of emotional distress under Michigan law. The court also found no reversibl
• Cooper v. Am. Express Co.
  593 F.2d 612· 5th Cir.· 1979-04-19 ·cited 4×
  The court held that the district court did not err in applying Alabama law regarding punitive damages, even though the case was heard in Louisiana.