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

• Lashlee v. Sumner
  570 F.2d 107· 6th Cir.· 1978-02-08 ·cited 4×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding the plaintiff's claim of fraudulent concealment, which could toll the statute of limitations.
• Garris v. Schwartz
  551 F.2d 156· 7th Cir.· 1977-03-14 ·cited 4×
  The court held that damages for emotional distress and attorneys' fees are not recoverable under Illinois law for the claims presented, thus the amount in controversy requirement was not met.
• Steinmetz v. Pickholtz
  414 So. 3d 309· Fla. 3d DCA· 2025-06-11 ·cited 3×
  A plaintiff adequately pleads malicious prosecution when she alleges specific facts demonstrating a bona fide termination of the underlying proceedings in her favor, such as a voluntary dismissal before an evidentiary hearing and a nolle prosequi based on lack of probable cause,
• Maglana v. Celebrity Cruises Inc.
  136 F.4th 1032· 11th Cir.· 2025-05-06 ·cited 3×
  The court held that a plaintiff must allege facts showing unlawful confinement to state a claim for false imprisonment under general maritime law, and that the defendants' conduct was not outrageous enough to support a claim for intentional infliction of emotional distress.
• Seminole Tribe of Florida v. Manzini
  361 So. 3d 883· Fla. 4th DCA· 2023-06-07 ·cited 3×
  The Seminole Tribe petitioned for a writ of prohibition to prevent a negligence action from proceeding, arguing sovereign immunity. The court granted the petition, finding the tribe's sovereign immunity was not waived for the negligence claim because the claimant failed to follow
• Halsey v. Hoffman
  362 So. 3d 274· Fla. 2d DCA· 2023-05-12 ·cited 3×
  The appellate court granted a petition for writ of certiorari, quashing a trial court's order that denied a motion to dismiss. The court held that the patient's claims of defamation and infliction of emotional distress, stemming from a physician's diagnosis and communication of t
• John DOE 1 v. Archdiocese of Miami, Inc.
  360 So. 3d 778· Fla. 3d DCA· 2023-03-22 ·cited 3×
  The negligence claim is barred by the four-year statute of limitations under § 95.11(a)(3), which accrued at the time of injury in 2001. The IIED claim is not time-barred under § 95.11(9) because it is related to sexual battery of a victim under 16, and the Legislature abolished
• Peden v. Stephens
  50 F.4th 972· 11th Cir.· 2022-08-29 ·cited 3×
  The Eleventh Circuit held that the district court abused its discretion in certifying a partial final judgment under Rule 54(b) because there was no just reason for delay, thus the court lacked jurisdiction to hear the appeal.
• Vital v. Summertree Vill. at the Cal. Club Condo. Ass'n, Inc.
  343 So. 3d 1260· Fla. 3d DCA· 2022-08-03 ·cited 3×
  A final judgment in a foreclosure action that does not adjudicate all pending affirmative defenses to the foreclosure claim is premature and must be reversed, even though it is in the form of a final judgment and establishes a foreclosure sale date. Interlocutory orders related t
• Shaquille O'Neal v. Darling
  321 So. 3d 309· Fla. 3d DCA· 2021-05-12 ·cited 3×
  A successor judge lacks authority to vacate a final judgment rendered by a predecessor judge absent fraud or mistake, and an attorney who fails to timely request additional hearing time and instead waives objections until after an unfavorable ruling waives the right to challenge
• Weeks v. Town OF Palm Beach
  252 So. 3d 258· Fla. 4th DCA· 2018-07-25 ·cited 3×
  Public officials are absolutely immune from defamation claims when their statements are made within the scope of their official duties, regardless of falsity or malice. Weeks' lawsuit was also barred by the two-year statute of limitations for defamation, which accrues upon public
• Jester v. Pawley
  245 So. 3d 859· Fla. 3d DCA· 2018-01-24 ·cited 3×
  The statute of frauds does not bar an unjust enrichment claim, and such a claim cannot be dismissed for failure to state a cause of action based on matters outside the four corners of the complaint.
• Rosen v. McCOBB
  192 So. 3d 576· Fla. 4th DCA· 2016-05-18 ·cited 3×
  A defendant in a personal injury action sought certiorari review of a trial court order overruling her objections to net worth discovery requests. The appellate court granted the petition in part, finding certain discovery requests overbroad or improper while upholding most of th
• Kingland Ests., Ltd. v. Davis
  170 So. 3d 825· Fla. 3d DCA· 2015-06-10 ·cited 3×
  The Barbados defendants appealed an order denying their motion to dismiss for lack of personal jurisdiction in a case brought by Marjorie Knox and her daughter involving claims of RICO violations, conspiracy, defamation, and intentional infliction of emotional distress. The court
• Kist v. Sgt. John O. Hubbard
  93 So. 3d 1100· Fla. 5th DCA· 2012-07-13 ·cited 3×
  The court held that general allegations of malice are sufficient to plead an exception to the employee immunity statute, allowing the suit to proceed in the county where the cause of action accrued.
• Lash & Goldberg LLP v. Clarke
  88 So. 3d 426· Fla. 4th DCA· 2012-05-16 ·cited 3×
  The court reversed the trial court's denial of a motion to compel arbitration, holding that non-signatory defendants (law firm and individual attorneys) could compel arbitration based on allegations of concerted misconduct with signatory defendants under the equitable estoppel do
• In re Chiquita Brands Intern.
  690 F. Supp. 2d 1296· S.D. Fla.· 2010-02-04 ·cited 3×
  The court held that plaintiffs sufficiently pled fraudulent concealment to avoid dismissal based on the statute of limitations, and that the allegations of international terrorism were adequate.
• Abusaid v. Hillsborough Cnty. BD.
  637 F. Supp. 2d 1002· M.D. Fla.· 2007-09-06 ·cited 3×
  The court found that Plaintiff had standing to challenge specific permitting provisions of the Ordinance for lack of circumscribed time and limitless discretion, but not other constitutional claims.
• In re Sinaltrainal Litigation
  474 F. Supp. 2d 1273· S.D. Fla.· 2006-09-29 ·cited 3×
  The court held that the plaintiffs' allegations were too conclusory, vague, and attenuated to adequately plead a violation of the law of nations, thus the court lacked subject matter jurisdiction under the Alien Tort Claims Act.
• Paraohao v. Bankers Club, Inc.
  225 F. Supp. 2d 1353· S.D. Fla.· 2002-08-28 ·cited 3×
  Summary judgment is granted for the defendants because the plaintiff failed to establish a prima facie case for her claims of sexual harassment, discrimination, and retaliation under Title VII and state law, and intentional infliction of emotional distress.
• Baucom v. Haverty
  805 So. 2d 959· Fla. 2d DCA· 2001-11-21 ·cited 3×
  The court held that the statute of limitations for unauthorized publication of likeness begins anew with each new publication or dissemination of the material.
• Herzfeld v. Herzfeld
  781 So. 2d 1070· Fla.· 2001-03-15 ·cited 3×
  The Florida Supreme Court held that the parental immunity doctrine does not bar a minor child's intentional tort claims against a parent for sexual abuse, finding that family harmony is already destroyed in such cases and remaining policy rationales are insufficient to support th
• Colony Ins. Co. v. G & E Tires & Serv.
  777 So. 2d 1034· Fla. 1st DCA· 2000-12-29 ·cited 3×
  Colony Insurance appealed the denial of its motion for reimbursement of defense costs it paid for G&E Tires after the insured accepted Colony's defense under reservation of rights. The court held that where an insurer properly defends under reservation of rights and a declaratory
• Rosalind Nims v. Harrison
  768 So. 2d 1198· Fla. 1st DCA· 2000-09-21 ·cited 3×
  A Florida appellate court reversed the dismissal of a teacher's intentional infliction of emotional distress claim against high school students who published a newsletter containing explicit threats and racial slurs directed at her and her children. The court held that the allege
• Cherie Wilson-Watson v. DAX Arthritis Clinic, Inc.
  766 So. 2d 1135· Fla. 2d DCA· 2000-08-23 ·cited 3×
  Cherie Wilson-Watson, an emergency medical technician, was punctured by a contaminated hypodermic needle while responding to a medical emergency at Dax Arthritis Clinic. She sued for negligence claiming fear of contracting AIDS, but the trial court granted summary judgment for th
• Zuliana de Aviacion v. Herrera
  763 So. 2d 499· Fla. 3d DCA· 2000-07-19 ·cited 3×
  Zuliana de Aviación appeals a jury verdict finding it liable for negligence, false imprisonment, and intentional infliction of emotional distress after its employees arranged for passengers to be strip-searched in Maracaibo, Venezuela following a dispute over flight routing and l
• McKenzie v. EAP Mgmt. Corp.
  40 F. Supp. 2d 1369· S.D. Fla.· 1999-02-04 ·cited 3×
  Summary judgment was granted for the defendants on federal claims because the plaintiff failed to establish a prima facie case of race or disability discrimination or retaliation, and the court declined supplemental jurisdiction over the state law claims.
• Glass v. Anderson
  704 So. 2d 697· Fla. 4th DCA· 1997-12-31 ·cited 3×
  A private Catholic school expelled children whose parents objected to curriculum content on human sexuality. The trial court issued a temporary injunction requiring the school to readmit the children. The appellate court reversed, holding that contracts for personal services betw
• Liberti v. Walt Disney World Co.
  912 F. Supp. 1494· M.D. Fla.· 1995-09-08 ·cited 3×
  The court denied defendant's motion for summary judgment on intentional infliction of emotional distress and invasion of privacy claims, granted plaintiffs' motion on the workers' compensation affirmative defense, and granted in part and denied in part plaintiffs' motion regardin
• Henderson v. Hovnanian Enters., Inc.
  884 F. Supp. 499· S.D. Fla.· 1995-04-18 ·cited 3×
  The court granted partial summary judgment for the defendant on the state Equal Pay Act claim, the claim for compensatory and punitive damages under Fla. Stat. § 760.10 for conduct prior to October 1, 1992, and the claim for intentional infliction of emotional distress. The court
• Johnson v. All Am. Life Ins.
  838 F. Supp. 1556· M.D. Fla.· 1993-11-18 ·cited 3×
  Summary judgment is granted for the defendant because no insurance contract was formed and the defendant's conduct did not constitute intentional infliction of emotional distress.
• Artemio Ugalde v. W.A. McKENZIE Asphalt Co.
  990 F.2d 239· 5th Cir.· 1993-05-12 ·cited 3×
  The court held that the employee failed to present a genuine issue of material fact for either his constructive discharge claim under Title VII or his intentional infliction of emotional distress claim.
• Malarkey v. Texaco, Inc.
  983 F.2d 1204· 2d Cir.· 1993-01-26 ·cited 3×
  The court held that the district court did not err in allowing retaliation claims related to promotion denials, but properly excluded non-promotion retaliation claims due to delay. It also affirmed evidentiary rulings and the jury's determination regarding grade 10 positions.
• Paul v. Avril
  812 F. Supp. 207· S.D. Fla.· 1993-01-14 ·cited 3×
  The court affirmed the magistrate judge's recommendation, denying the defendant's motion to dismiss.
• Woods v. McGUIRE
  954 F.2d 388· 6th Cir.· 1992-01-22 ·cited 3×
  The court held that the United States was properly substituted as the defendant under the Westfall Act and that the plaintiff's claims were barred by the Federal Employees Compensation Act (FECA).
• White v. Hezikiah Walker
  950 F.2d 972· 5th Cir.· 1991-12-30 ·cited 3×
  The court held that a jury must decide whether the officer is entitled to qualified immunity, reversing the directed verdict on that issue, but affirmed the dismissal of other claims.
• Olson v. Gen. Dynamics Corp.
  960 F.2d 1418· 9th Cir.· 1991-12-20 ·cited 3×
  The court held that ERISA preempts state law fraud claims related to pension benefits, leaving no federal or state remedy.
• Whittington v. Milby
  928 F.2d 188· 6th Cir.· 1991-03-14 ·cited 3×·via Outrageous Conduct Causing Severe Emotional Distress
  The court held that the notice of appeal was timely due to the district court's failure to comply with the separate document rule for its initial order, and affirmed the dismissal of the § 1983 claim on grounds other than the statute of limitations, while vacating the dismissal o
• Combs v. Rockwell Int'l Corp.
  927 F.2d 486· 9th Cir.· 1991-03-04 ·cited 3×
  Dismissal with prejudice is an appropriate sanction for falsifying deposition testimony, even if it means not reaching the merits of the case.
• Armstrong v. H & C Commc'ns, Inc.
  575 So. 2d 280· Fla. 5th DCA· 1991-02-21 ·cited 3×
  A television station's broadcast of a graphic close-up of a deceased child's skull constitutes the tort of intentional infliction of emotional distress where the conduct is so outrageous and extreme as to exceed all bounds of decency and be intolerable in a civilized community. H
• Biondolillo v. City of Sunrise
  736 F. Supp. 258· S.D. Fla.· 1990-05-04 ·cited 3×
  The court held that the plaintiff's allegations were sufficient to state a claim for municipal liability under 42 U.S.C. § 1983, but dismissed the RICO claims because a municipality cannot possess the requisite criminal intent.
• Celso Lopez Lopez v. Aran
  894 F.2d 16· 1st Cir.· 1990-02-12 ·cited 3×
  The court held that the plaintiff, by deliberately provoking and exaggerating his claims, induced his own damages and therefore is not entitled to recover them, even if qualified immunity were not a defense.
• Mixson v. Hyatt
  557 So. 2d 608· Fla. 3d DCA· 1990-02-06 ·cited 3×
• Price v. Viking Penguin, Inc.
  881 F.2d 1426· 8th Cir.· 1989-08-07 ·cited 3×
  The court held that the district court correctly dismissed the defamation claims because the challenged statements were either non-actionable opinion or protected by the First Amendment, and the plaintiff failed to show actual malice.
• Franceschi v. Am. Motorists Ins. Co.
  852 F.2d 1217· 9th Cir.· 1988-07-29 ·cited 3×
  The court held that the term 'medical treatment' in the insurance policy was ambiguous and, when construed in favor of the insured, excluded diagnostic procedures like a colonoscopy, making the denial of coverage improper.
• Ennen v. Pub. Serv. Mut. Ins. Co.
  774 F.2d 321· 8th Cir.· 1985-10-07 ·cited 3×
  The court held that while compensatory damages were properly awarded, the jury instructions for punitive damages were erroneous because they did not properly define the elements of witness bribery. Therefore, the punitive damages award is reversed and remanded for a new trial.
• Anderson v. Rossman & Baumberger, P.A.
  440 So. 2d 591· Fla. 4th DCA· 1983-10-26 ·cited 3×
  The court held that the trial court did not err in dismissing the third-party complaint, as the claims for indemnity and intentional infliction of emotional distress were not sufficiently pleaded and statements made in judicial proceedings are privileged.
• Cape Publ'ns, Inc. v. Bridges
  423 So. 2d 426· Fla. 5th DCA· 1982-11-24 ·cited 3×
  The court held that the publication of a photograph of a newsworthy event, even if embarrassing, is not an invasion of privacy and does not meet the standard for intentional infliction of emotional distress.
• Fletcher v. Fla. Publ'g Co.
  40 Fla. Supp. 1· Duval Cty. Cir. Ct.· 1974-01-04 ·cited 3×
  Mrs. Fletcher sued the Florida Publishing Company for trespass, invasion of privacy, and intentional infliction of emotional distress arising from the newspaper's coverage of a fire that killed her teenage daughter. The circuit court granted summary judgment for the defendant, ho
• Kent v. J.B. Thornhill
  2021 WL 877698· M.D. Fla.· 2025-11-05 ·cited 2×
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint because it is frivolous and fails to state a claim upon which relief can be granted.