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

• Dominguez v. Equitable Life Assurance Soc'y OF the United States
  438 So. 2d 58· Fla. 3d DCA· 1983-08-30 ·cited 63×
  The Third District Court of Appeal of Florida recognized a new cause of action for outrageous conduct causing severe emotional distress, independent of any other tort. The court reversed the dismissal of Dominguez's complaint alleging that an insurance company's agent made false
• Martin Acquadro, M.D. v. Bergeron
  851 So. 2d 665· Fla.· 2003-07-10 ·cited 62×
  The Florida Supreme Court held that a nonresident defendant's tortious acts committed through telephonic communications into Florida establish personal jurisdiction under Florida's long-arm statute, even without physical presence in the state. The court affirmed that Rose Acquadr
• Simeon, Inc. v. COX
  671 So. 2d 158· Fla.· 1996-04-04 ·cited 61×
  The Florida Supreme Court reversed the Fifth District Court of Appeal's decision allowing punitive damages claims to proceed without prior court approval. The Court held that section 768.72 requires plaintiffs to obtain explicit leave from the trial court to amend their complaint
• Miller v. Fairchild Indus., Inc.
  797 F.2d 727· 9th Cir.· 1986-08-12 ·cited 61×
  The court held that the trial court erred in granting summary judgment on the retaliatory discharge claims under Title VII, Section 1981, and state law, as well as the breach of contract and intentional infliction of emotional distress claims, due to genuine issues of material fa
• DOE v. Evans
  814 So. 2d 370· Fla.· 2002-03-14 ·cited 59×
  The Florida Supreme Court held that the First Amendment does not bar tort claims for negligent hiring/supervision and breach of fiduciary duty against a church based on sexual misconduct by clergy during marital counseling. The Court reversed the Fourth District's dismissal, find
• Cerniglia v. Cerniglia
  679 So. 2d 1160· Fla.· 1996-09-05 ·cited 59×
  The Florida Supreme Court held that allegations of coercion, duress, and fraudulent financial disclosure in a marital settlement agreement constitute intrinsic fraud subject to a one-year time limit for seeking relief, not extrinsic fraud that could be raised at any time. The cou
• Williams v. City OF Minneola
  575 So. 2d 683· Fla. 5th DCA· 1991-01-31 ·cited 59×
  Parents and sibling of a deceased fourteen-year-old sued police officers for displaying autopsy photographs and videotape. The court reversed summary judgment, holding that officers are not automatically immune from tort liability simply because autopsy materials are public recor
• Hanoch Tel-Oren v. Libyan Arab Republic
  726 F.2d 774· D.C. Cir.· 1984-02-03 ·cited 59×
  The court affirmed the dismissal of the action for lack of subject matter jurisdiction and as barred by the statute of limitations.
• Wisniewski v. Johns-Manville Corp.
  759 F.2d 271· 3d Cir.· 1985-04-11 ·cited 58×
  The court held that the defendants' conduct did not rise to the level of outrageousness required for intentional infliction of emotional distress under Pennsylvania law.
• Garibaldi v. Lucky Food Stores, Inc.
  726 F.2d 1367· 9th Cir.· 1984-02-27 ·cited 58×
  A state law claim for wrongful termination based on public policy is not preempted by the Labor Management Relations Act (LMRA), and thus removal to federal court based on preemption is improper.
• Bishop v. Tice
  622 F.2d 349· 8th Cir.· 1980-05-16 ·cited 58×
  The court held that the plaintiff stated actionable damage claims for denial of procedural due process, contractual interference, and fraud and deceit, reversing the district court's dismissal.
• Psychiatric Assocs. v. Edward A. Siegel, M.D.
  610 So. 2d 419· Fla.· 1992-12-03 ·cited 57×
  The Florida Supreme Court held that statutory bond requirements forcing plaintiffs to post security for defendants' costs and attorney's fees before suing medical review board participants violate the constitutional right of access to courts and due process rights. The bond requi
• Bambi Lindheimer and Richard Lindheimer v. The ST. Paul Fire & Marine Ins. Co.
  643 So. 2d 636· Fla. 3d DCA· 1994-09-14 ·cited 55×
  A professional liability insurance policy does not cover acts of sexual misconduct by a dentist, as such acts are not considered professional services arising out of the dentist-patient relationship.
• Russell v. Mass. Mut. Life Ins. Co.
  722 F.2d 482· 9th Cir.· 1983-12-16 ·cited 55×
  ERISA preempts state law claims related to employee benefit plans, but provides a federal cause of action for breach of fiduciary duty, allowing compensatory and punitive damages. Summary judgment was improper on employment contract claims.
• Lewis v. Time Inc.
  710 F.2d 549· 9th Cir.· 1983-07-12 ·cited 55×
  The court held that negative inferences in a magazine article, based on true and disclosed facts, are constitutionally protected as opinion and cannot form the basis for a defamation claim. It also held that the federal rules regarding jury trial demands apply to removed cases, a
• Boyles v. Mid-Florida Television Corp.
  431 So. 2d 627· Fla. 5th DCA· 1983-04-20 ·cited 55×
  Jack Boyles, a private individual employed at a facility for mentally retarded patients, appealed the dismissal of his multi-count defamation action against a television station and reporter for broadcasts falsely characterizing him as a repeated child abuser and rape suspect. Th
• Chism v. Nat'l Heritage Life Ins. Co.
  637 F.2d 1328· 9th Cir.· 1981-01-30 ·cited 55×
  The court held that the district court did not abuse its discretion in dismissing the case with prejudice due to the plaintiff's persistent failure to comply with discovery rules and court orders, and that the Doe defendants did not destroy diversity jurisdiction as no claims wer
• Frank Collin & the Nat'l Socialist Party of Am. v. Smith
  578 F.2d 1197· 7th Cir.· 1978-05-22 ·cited 55×
  The court held that the Village of Skokie's ordinances prohibiting the dissemination of materials inciting hatred and prohibiting demonstrations by political parties in uniform were unconstitutional as applied to the National Socialist Party of America's planned demonstration.
• Julia Slocum and Homer v. Slocum
  100 So. 2d 396· Fla.· 1958-02-14 ·cited 55×
  Julia Slocum appealed the dismissal of her complaint seeking damages for emotional distress and physical injuries allegedly caused by insulting language from a Food Fair employee. The Florida Supreme Court affirmed the dismissal, holding that while insulting language alone does n
• Jones v. City OF Chicago
  856 F.2d 985· 7th Cir.· 1988-09-14 ·cited 54×
  The court held that the jury could reasonably find that the defendants conspired to violate the plaintiff's constitutional rights by fabricating evidence and concealing exculpatory information, thus causing his wrongful arrest and prosecution.
• Gaiardo v. Ethyl Corp.
  835 F.2d 479· 3d Cir.· 1987-12-14 ·cited 53×
  The court held that the district court did not abuse its discretion in denying Rule 11 sanctions because the plaintiff had reasonable grounds to believe their suit had merit, and there was no evidence of harassment.
• Muthig v. Brant Point Nantucket, Inc.
  838 F.2d 600· 1st Cir.· 1988-02-08 ·cited 51×
  A voluntary dismissal under Fed.R.Civ.P. 41(a) does not divest the court of jurisdiction to impose sanctions under Fed.R.Civ.P. 11 for baseless claims filed prior to dismissal.
• Martin v. Malhoyt
  830 F.2d 237· D.C. Cir.· 1987-09-29 ·cited 51×
  The court denied the petition for rehearing, anticipating a forthcoming Supreme Court decision on absolute immunity for federal officers.
• Ursula H. Smith v. Telophase Nat'l Cremation Soc'y, Inc.
  471 So. 2d 163· Fla. 2d DCA· 1985-06-14 ·cited 50×
  Ursula Smith appealed a trial court's order requiring remittitur or new trial on damages following a jury verdict awarding her $250,000 in compensatory damages and $1,250,000 in punitive damages against a cremation society for intentional infliction of emotional distress and othe
• Singleton v. Foreman
  435 F.2d 962· 5th Cir.· 1970-12-01 ·cited 50×
  A complaint alleging an attorney's abusive conduct, an invalid contingent fee contract, and professional misconduct states claims upon which relief can be granted, entitling the client to recover consideration paid and seek exemplary damages.
• Andrews v. City OF Philadelphia & Wilson W. Goode
  895 F.2d 1469· 3d Cir.· 1990-02-08 ·cited 49×
  The court held that the jury's findings on § 1983 claims were not sufficient to establish a Title VII hostile work environment claim, and that certain judgments n.o.v. were appropriate while others were not.
• Jess F. Rhodes v. Amarillo Hosp. Dist.
  654 F.2d 1148· 5th Cir.· 1981-09-04 ·cited 48×
  The court affirmed the district court's judgment, holding that the physician breached his employment contract by failing to obtain a medical license and refusing to perform his duties after obtaining it.
• Brooks v. D.R. Scheib
  813 F.2d 1191· 11th Cir.· 1987-04-06 ·cited 47×
  The court held that the plaintiff failed to establish that the City's customs or policies were the moving force behind the constitutional injury or that the officer's alleged violent propensity constituted a continuous condition for nuisance law.
• Prakazrel Michel v. NYP Holdings, Inc.
  816 F.3d 686· 11th Cir.· 2016-03-07 ·cited 46×
  Prakazrel Michel, a Grammy-winning rapper and philanthropist, sued the New York Post and its reporters for defamation over an article claiming he failed to perform as headliner at a 9/11 charity event for a foundation he allegedly founded. The Eleventh Circuit held that although
• Clark v. Coats & Clark, Inc.
  865 F.2d 1237· 11th Cir.· 1989-02-16 ·cited 46×
  The court held that an EEOC intake questionnaire can constitute a timely filed charge under the ADEA, that ERISA claims for reinstatement are not time-barred by the two-year statute of limitations for wages, and that Clark's claim for intentional infliction of emotional distress
• Ribhi Othman and Yusif H. Mashni v. Globe Indem. Co.
  759 F.2d 1458· 9th Cir.· 1985-05-13 ·cited 46×
  The court held that the insurer's denial of reconsideration of the claim, after initially agreeing to review further information, could constitute bad faith, and this issue should go to the jury. However, the claims for intentional infliction of emotional distress were properly d
• Beers v. S. Pac. Transp. Co.
  703 F.2d 425· 9th Cir.· 1983-04-08 ·cited 46×
  The court held that the plaintiff's claims for intentional infliction of emotional distress and violation of union representation rights were minor disputes 'inextricably intertwined' with the collective bargaining agreement and thus within the exclusive jurisdiction of the Natio
• Campbell Leasing, Inc. v. Fed. Deposit Ins. Corp.
  901 F.2d 1244· 5th Cir.· 1990-05-24 ·cited 45×
  The court held that the D'Oench, Duhme doctrine and federal holder in due course doctrine bar certain defenses and claims against the FDIC and NCNB, but appellants may pursue specific tort and contract claims against the FDIC as receiver.
• J. Allen Baker, M.D. v. Fla. Nat'l Bank
  559 So. 2d 284· Fla. 4th DCA· 1990-03-28 ·cited 45×
  Dr. Baker appealed the grant of summary judgment dismissing his claim for intentional infliction of emotional distress against Florida National Bank, which had invested his trust assets in a declining municipal bond fund contrary to his instructions. The court affirmed the summar
• Zbigniew Scheller v. Am. Med. Int'l Inc.
  502 So. 2d 1268· Fla. 4th DCA· 1987-01-07 ·cited 45×
  A physician sued his former employer hospital and its parent company for tortious interference with business relationships and intentional infliction of emotional distress after being terminated as pathology laboratory director. The appellate court affirmed dismissal of the emoti
• Nikki McIntosh v. Royal Caribbean Cruises, Ltd.
  5 F.4th 1309· 11th Cir.· 2021-07-27 ·cited 44×
  The Eleventh Circuit held that the district court erred by dismissing the case sua sponte for lack of subject-matter jurisdiction without notice and an opportunity to be heard, and that the plaintiffs' alleged injuries were sufficient to meet the amount-in-controversy requirement
• Carruth v. Bentley
  942 F.3d 1047· 11th Cir.· 2019-11-07 ·cited 44×
  The court held that the plaintiff failed to plausibly allege that the defendants caused his injuries and that the defendants violated clearly established constitutional rights, thus affirming the grant of qualified immunity.
• Rodrigo Aguilera v. Inservices, Inc.
  905 So. 2d 84· Fla.· 2005-06-16 ·cited 44×
  The Florida Supreme Court reversed the Third District Court of Appeal's dismissal of Aguilera's intentional tort claims against a workers' compensation insurance carrier, holding that workers' compensation immunity does not shield carriers from liability for intentional tortious
• Scelta v. Delicatessen Support Servs., Inc.
  57 F. Supp. 2d 1327· M.D. Fla.· 1999-06-03 ·cited 44×
  The court held that the plaintiff sufficiently alleged a prima facie case of sexual harassment under Title VII and the FCRA, and that the defendants' motions to dismiss were denied as to those claims.
• E. Airlines, Inc. v. King
  557 So. 2d 574· Fla.· 1990-02-15 ·cited 44×
  Eastern Airlines appealed a Third District Court of Appeal decision that reversed a judgment on the pleadings and allowed King's claim for intentional infliction of emotional distress to proceed after a near-catastrophic engine failure during flight. The Florida Supreme Court rev
• Miller v. AT & T Network Sys.
  850 F.2d 543· 9th Cir.· 1988-06-24 ·cited 44×
  State-law claims based on non-negotiable, independent rights are not preempted by Section 301 of the LMRA, even if the collective bargaining agreement offers similar protections, but claims requiring interpretation of the CBA are preempted.
• POE v. John Deere Co.
  695 F.2d 1103· 8th Cir.· 1982-12-17 ·cited 44×
  The court held that res judicata barred the second suit because it arose from the same transaction as the first suit, and that the award of costs was proper under Federal Rule of Civil Procedure 54(d).
• Floyd v. E. Airlines, Inc.
  872 F.2d 1462· 11th Cir.· 1989-05-05 ·cited 43×
  The court held that the Warsaw Convention provides a cause of action for purely emotional injuries unaccompanied by physical injury, and that the district court erred in refusing to grant leave to amend complaints for two plaintiffs.
• Cameron v. Internal Revenue Serv.
  773 F.2d 126· 7th Cir.· 1985-09-06 ·cited 43×
  Federal courts cannot award damages to a taxpayer complaining of IRS agents' badgering or harassment in tax collection, as no constitutional right violation is stated for which a damage remedy is available.
• Cameshia Byrd v. BT Foods, Inc.
  948 So. 2d 921· Fla. 4th DCA· 2007-02-14 ·cited 42×
  Cameshia Byrd appealed summary judgment granted to her former employer, Wendy's, on claims of HIV discrimination. The appellate court reversed the dismissal of her federal and state statutory discrimination claims, finding material disputes of fact regarding whether the employer
• Tellez v. Pac. GAS & Elec. Co., Inc.
  817 F.2d 536· 9th Cir.· 1987-05-15 ·cited 42×
  State law tort claims are not preempted by Section 301 of the LMRA if they establish rights independent of the collective bargaining agreement and do not require interpretation of its terms.
• Indus. Fire & Cas. Ins. Co. v. Romer
  432 So. 2d 66· Fla. 4th DCA· 1983-04-06 ·cited 42×
  An insured sued his insurance company for bad faith refusal to pay a PIP claim, alleging intentional infliction of emotional distress and seeking compensatory and punitive damages. The trial court allowed the claim to proceed and a jury awarded $35,000 in compensatory damages and
• Expeditions Unlimited Aquatic Enters., Inc. v. Smithsonian Inst.
  566 F.2d 289· D.C. Cir.· 1977-09-16 ·cited 42×
  The court, in a concurring opinion, acknowledges the difficulty in reconciling the absolute immunity for federal officials under Barr v. Matteo with evolving jurisprudence on public servant liability, but ultimately adheres to controlling precedent.
• Courtney v. Canyon Television & Appliance Rental, Inc.
  899 F.2d 845· 9th Cir.· 1990-03-23 ·cited 41×
  The court affirmed the grant of summary judgment, holding that the plaintiff's wrongful discharge claim was not actionable under 42 U.S.C. § 1981 post-Patterson, the employee handbook did not create an implied contract, the defamation claims lacked admissible evidence, and the em
• Brown v. Freedman Baking Co., Inc.
  810 F.2d 6· 1st Cir.· 1987-01-26 ·cited 41×
  The court affirmed the jury's verdict and damages for civil rights violations but reversed the verdict for intentional infliction of emotional distress, finding the employer's report to the unemployment agency privileged.