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

• McDANIEL v. United States
  970 F.2d 194· 6th Cir.· 1992-07-23 ·cited 2×
  The court held that the Federal Employees' Compensation Act (FECA) preempts claims for emotional distress against the government when the Secretary of Labor determines such injuries are cognizable under FECA, even if compensation is not ultimately awarded.
• Bagby v. Gen. Motors Corp.
  976 F.2d 919· 5th Cir.· 1992-07-16 ·cited 2×
  State law claims for defamation and intentional infliction of emotional distress arising from an employee's temporary suspension are preempted by the Labor Management Relations Act (LMRA) if the actions taken are arguably governed by a collective bargaining agreement and the empl
• Duffy v. United States
  966 F.2d 307· 7th Cir.· 1992-07-06 ·cited 2×
  The court held that military personnel's claims against the government for injuries arising from military service are barred by the Feres/Chappell doctrine, and that claims against federal employees for torts committed within the scope of employment are exclusively handled by the
• Shea v. Smith
  966 F.2d 127· 3d Cir.· 1992-06-11 ·cited 2×
  Government officials are entitled to qualified immunity when their warrantless search, though not based on a warrant, is reasonably conducted to investigate potential probation violations and does not violate clearly established constitutional rights.
• O'Connor v. R.F. Lafferty & Co., Inc.
  965 F.2d 893· 10th Cir.· 1992-05-28 ·cited 2×
  The court held that the plaintiff failed to establish scienter for her federal securities claim and that the defendants were not third-party beneficiaries to the arbitration agreement. The court affirmed summary judgment on the federal claim, affirmed dismissal of some state clai
• Mason v. Genisco Tech. Corp.
  960 F.2d 849· 9th Cir.· 1992-03-31 ·cited 2×
  A failed attempt at service under Federal Rule of Civil Procedure 4(c)(2)(C)(ii) is not automatically effective under state law pursuant to Rule 4(c)(2)(C)(i) if the defendant does not return the acknowledgment form, rendering the prior judgment void.
• Barnhill v. Doiron
  958 F.2d 200· 7th Cir.· 1992-03-26 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the inmate's request for appointed counsel under 28 U.S.C. § 1915(d).
• Conaway v. Control Data Corp.
  955 F.2d 358· 5th Cir.· 1992-03-10 ·cited 2×
  The court held that Texas law does not recognize negligent infliction of emotional distress in the employment context, and that the plaintiff's ADEA claim was time-barred due to failure to file with the EEOC within the statutory period.
• Abbott Labs. v. Brennan
  952 F.2d 1346· Fed. Cir.· 1991-12-27 ·cited 2×
  The court affirmed the denial of Rule 11 sanctions, the exclusion of certain evidence and expert testimony, and the dismissal of the antitrust counterclaim. It also affirmed the jury's verdict on tortious interference and abuse of process, subject to further review of specific da
• Mensh v. R.A. Dyer
  956 F.2d 36· 4th Cir.· 1991-11-21 ·cited 2×
• Karl Easton, M.D. v. Sundram
  947 F.2d 1011· 2d Cir.· 1991-10-18 ·cited 2×
  The court held that the plaintiff failed to state a claim for First Amendment retaliation and malicious prosecution, and that defendants were entitled to qualified immunity on the liberty interest claim.
• Bartunek v. Gary Bubak, M.D.
  941 F.2d 726· 8th Cir.· 1991-08-22 ·cited 2×
  The court held that the district court improperly granted an extension of time to file a notice of appeal ex parte and applied the wrong standard, requiring remand for reconsideration.
• Williams v. The Citizens & S. Nat'l Bank OF Fla. & Gay C. Russo
  582 So. 2d 69· Fla. 3d DCA· 1991-06-18 ·cited 2×
  The court held that material issues of fact remained, requiring reversal of the summary judgment and allowing the appellants to argue for punitive damages.
• Perugini v. Safeway Stores, Inc.
  935 F.2d 1083· 9th Cir.· 1991-06-17 ·cited 2×
  The court held that a Title VII claim is not barred by prior arbitration, and that state law claims for emotional distress based on harassment are not preempted by federal labor law, but claims based on interpretation of a collective bargaining agreement are preempted.
• Vahlsing v. Commercial Union Ins. Co., Inc.
  928 F.2d 486· 1st Cir.· 1991-03-22 ·cited 2×
  The court held that the jury's verdict for the defendant on all counts was supported by sufficient evidence and proper jury instructions, affirming the district court's judgment.
• Donn E. Rush v. United Techs.
  930 F.2d 453· 6th Cir.· 1991-02-22 ·cited 2×
  Summary judgment for the defendant was appropriate because the plaintiff was terminated for just cause, and his other claims lacked merit or sufficient evidence.
• Amwest Mortg. Corp. v. Grady
  925 F.2d 1162· 9th Cir.· 1991-02-11 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a permanent injunction to stay state court proceedings because the relitigation exception to the Anti-Injunction Act was not met.
• Weiner v. Blue Cross & Blue Shield OF Md., Inc.
  925 F.2d 81· 4th Cir.· 1991-01-31 ·cited 2×
  A prior state court judgment on the issue of jurisdiction is conclusive in federal court, even if the issue involves potential federal preemption, unless the case falls under a narrow exception for situations where federal law exclusively governs jurisdiction.
• Dean v. City OF Worcester
  924 F.2d 364· 1st Cir.· 1991-01-23 ·cited 2×
  The court held that the officers' use of force was objectively reasonable under the Fourth Amendment and state law, and thus summary judgment for the defendants was proper.
• Caputo v. Boston Edison Co.
  924 F.2d 11· 1st Cir.· 1991-01-17 ·cited 2×
  The court held that the plaintiff failed to establish essential elements of injury and causation for his intentional infliction of emotional distress claim, thus summary judgment for the defendant was appropriate.
• Int'l Surplus Lines Ins. Co. v. Seagrave House, Inc.
  572 So. 2d 933· Fla. 5th DCA· 1990-11-21 ·cited 2×
  An insurance company appeals a judgment requiring it to defend a malpractice insured in an employee's wrongful discharge and tort action. The court reversed, holding that the professional liability policy covers injuries to patients or clients from improper professional services,
• Linder v. Calero Portocarrero
  747 F. Supp. 1452· S.D. Fla.· 1990-09-17 ·cited 2×
  The court granted the defendants' motion to dismiss, finding the plaintiffs' claims non-justiciable due to the political question doctrine and the lack of a private right of action under customary international law or the Geneva Conventions.
• Laborers' Int'l Union OF N. Am. & Laborers' Int'l Union of N. Am. v. Rayburn Crane Serv., Inc.
  559 So. 2d 1219· Fla. 2d DCA· 1990-03-23 ·cited 2×
  Two labor unions appealed judgments for damages stemming from union members' arson of crane equipment during a labor dispute. The court reversed the judgment against the international union because there was insufficient evidence it dominated local operations, but affirmed the ju
• Keziah v. W.M. Brown & SON
  888 F.2d 322· 4th Cir.· 1989-08-28 ·cited 2×
  The court held that the plaintiff established a prima facie case under the Equal Pay Act, and the employer failed to rebut it with a factor other than sex, thus reversing summary judgment on that claim. The court affirmed summary judgment on state law claims for intentional infli
• Blankenship v. Kerr Cnty.
  878 F.2d 893· 5th Cir.· 1989-08-04 ·cited 2×
  The court held that genuine issues of material fact precluded summary judgment on the federal § 1983 claims and that the plaintiff had stated viable state law claims for negligent and intentional infliction of emotional distress and under the Texas Tort Claims Act.
• Murray v. Wal-Mart, Inc.
  874 F.2d 555· 8th Cir.· 1989-05-11 ·cited 2×
  The court affirmed the district court's judgment, holding that Wal-Mart acted under color of state law for a § 1983 claim and that sufficient evidence supported claims for malicious prosecution and intentional infliction of emotional distress.
• Reliable Springs Co. v. ST. Paul Fire & Marine Ins. Co.
  869 F.2d 993· 6th Cir.· 1989-03-16 ·cited 2×
  The court held that the insurance policy's exclusion for discrimination and unfair employment practices barred coverage for the former employee's claims, including those for emotional distress, thus relieving the insurer of its duty to defend.
• MacKey v. Judy's Foods, Inc.
  867 F.2d 325· 6th Cir.· 1989-02-10 ·cited 2×
  The court held that all franchisees' claims were barred by either the applicable statute of limitations or a validly executed release.
• Drewes v. Ilnicki
  863 F.2d 469· 6th Cir.· 1988-12-20 ·cited 2×
  The court held that the domestic relations exception to federal diversity jurisdiction did not apply to claims of intentional infliction of emotional distress and interference with employment, nor to the enforcement of a state judgment for support arrearages.
• Cheryle Lee Farroni v. Farroni
  862 F.2d 109· 6th Cir.· 1988-12-05 ·cited 2×
  The court held that 'willfully' under the federal wiretapping statute requires a voluntary, intentional violation or reckless disregard of a known legal duty, and the jury's finding that the defendant did not act willfully was reasonable.
• Robards v. Gaylord Bros., Inc.
  854 F.2d 1152· 9th Cir.· 1988-08-15 ·cited 2×
  The court held that the district court had subject matter jurisdiction, the statute of frauds did not bar the breach of implied contract claim, the jury instructions were not misleading, and California's worker's compensation laws did not bar the negligent infliction of emotional
• Bogan v. Keene Corp.
  852 F.2d 1238· 9th Cir.· 1988-08-01 ·cited 2×
  The district court had diversity jurisdiction to consider the venue question because it correctly found the Doe defendants to be shams before the controlling precedent changed.
• Brown v. Reliable Sheet Metal Works, Inc.
  852 F.2d 932· 7th Cir.· 1988-07-18 ·cited 2×
  The filing of a Title VII action in state court does not toll the ninety-day federal filing period when the state court lacks jurisdiction over Title VII claims due to exhaustion requirements.
• Masoud Pourmehdi v. Nw. Nat'l Bank
  849 F.2d 1145· 8th Cir.· 1988-06-28 ·cited 2×
  The court held that the plaintiff failed to produce sufficient evidence of the absence of probable cause, an essential element for a malicious prosecution claim, thus affirming summary judgment.
• Soghanalian v. Soghanalian
  693 F. Supp. 1091· S.D. Fla.· 1988-06-27 ·cited 2×
  The court held that diversity jurisdiction exists because the defendant's domicile is in New York, and even if he holds dual citizenship, his Lebanese citizenship would not be recognized for diversity purposes. The court also found the counter-counterclaim to be compulsory.
• State Farm Fire & Cas. Co. v. Pickard
  849 F.2d 1220· 9th Cir.· 1988-06-20 ·cited 2×
  State Farm's homeowner's policy does not cover emotional harm to a household member, even if the harm is caused by intentional acts.
• Morton v. United States Fid. & Guar. Ins. Co.
  525 So. 2d 470· Fla. 4th DCA· 1988-05-18 ·cited 2×
  The court reversed dismissal of an intentional infliction of emotional distress claim and summary judgment on a slander claim, finding sufficient allegations and genuine issues of material fact precluding summary judgment.
• Scutieri v. Est. of Revitz
  683 F. Supp. 795· S.D. Fla.· 1988-04-12 ·cited 2×
  The court held that genuine issues of material fact precluded summary judgment on most counts, denying motions for the Southeast Defendants and granting them for Paige and Fernandez on specific RICO claims.
• Ghebreselassie v. Coleman Sec. Serv.
  829 F.2d 892· 9th Cir.· 1987-10-07 ·cited 2×
  The court held that a wrongful termination claim preempted by § 301 of the LMRA can still be a valid federal claim even if not explicitly pleaded as such, and that an arbitrator's decision based on a plausible interpretation of the collective bargaining agreement should not be va
• Allstate Ins. Co. v. Anne Douville
  510 So. 2d 1200· Fla. 2d DCA· 1987-08-12 ·cited 2×
  The court held that a first-party bad faith claim against an insurer does not lie without a finding of fraud or intentional infliction of emotional distress.
• Rheuport v. Ferguson
  819 F.2d 1459· 8th Cir.· 1987-05-28 ·cited 2×
  The court held that a new trial on damages is necessary due to the jury's general verdict being inconsistent with post-trial rulings eliminating some defendants' liability. The court also affirmed the dismissal of the federal due process claim.
• McCONNELL v. Gen. Tel. Co. OF Cal.
  814 F.2d 1311· 9th Cir.· 1987-04-10 ·cited 2×
  The court held that the plaintiff in McConnell exhausted her administrative remedies and that genuine issues of material fact exist regarding Addy's statute of limitations claim.
• Samuel "Wesley" McCABE v. Gen. Foods Corp.
  811 F.2d 1336· 9th Cir.· 1987-03-05 ·cited 2×
  The court held that the district court properly dismissed non-diverse defendants, granted summary judgment for the employer, and imposed sanctions for a frivolous amended complaint.
• McCONNELL v. E. AIR Lines, Inc.
  499 So. 2d 68· Fla. 3d DCA· 1986-12-30 ·cited 2×
  The court held that the complaint failed to state causes of action for breach of contract, fraud, and intentional infliction of emotional distress.
• Grattan v. Bd. OF Sch. Comm'rs OF Baltimore City
  805 F.2d 1160· 4th Cir.· 1986-12-01 ·cited 2×
  A public school parking lot is a non-public forum, and a school board may prohibit union solicitation activities there if the exclusion is reasonable and not an effort to suppress expression based on viewpoint.
• Sola v. Lafayette Coll.
  804 F.2d 40· 3d Cir.· 1986-10-28 ·cited 2×
  The court affirmed summary judgment on wrongful discharge and most contract claims, but vacated and remanded the affirmative action claim for further consideration.
• First Am. First, Inc. v. Nat'l Ass'n OF Bank Women
  802 F.2d 1511· 4th Cir.· 1986-10-10 ·cited 2×
  The court held that the exercise of personal jurisdiction over the defendants under Virginia's long-arm statute was authorized by state law and comported with due process, reversing the district court's dismissal.
• Safeco Ins. Co. of Am. v. Teddye Costello
  799 F.2d 412· 8th Cir.· 1986-08-25 ·cited 2×
  The court held that the trial court properly granted summary judgment on the emotional distress claim and did not err in refusing to take judicial notice of insurance regulations, as the insured failed to demonstrate extreme and outrageous conduct or preserve the instructional is
• Ana Maria Caeiro Palhava de Varella-Cid v. The Boston Five Cents Sav. Bank
  787 F.2d 676· 1st Cir.· 1986-03-26 ·cited 2×
  The court held that the arresting officer had probable cause to believe the plaintiff was guilty of uttering forged checks and attempted larceny, thus affirming the grant of summary judgment.
• Crossman v. Trans World Airlines
  777 F.2d 1271· 7th Cir.· 1985-11-27 ·cited 2×
  The dissenting judge believes the jury verdict for Crossman should stand, disagreeing with the majority's finding of no detrimental reliance.