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

• Malhotra v. Kumar
  M.D. Fla.· 2025-05-05
  The court granted defendants' motion to dismiss in part, dismissing several claims with prejudice and others without prejudice, requiring plaintiff to amend his complaint and join a necessary party.
• Gautam v. City of Sunrise
  S.D. Fla.· 2025-05-02
  The court denied the plaintiff's motion to proceed in forma pauperis and ordered an amended complaint due to deficiencies in both the motion and the complaint.
• Wims v. Vitas Healthcare Corp.
  M.D. Fla.· 2025-04-30
  The court held that the plaintiff's third amended complaint failed to state a claim upon which relief could be granted due to conclusory allegations and lack of specific facts.
• Myers v. Provident Life & Accident Ins. Co.
  M.D. Fla.· 2025-04-25
  The court held that the defendants' offer of judgment was valid and timely filed, and that the plaintiff failed to prove the offer was made in bad faith.
• Cassamajor v. Planet Fitness
  M.D. Fla.· 2025-04-17
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint without prejudice, finding it failed to state a claim and violated pleading rules.
• Gildyard v. Child's. Network of Sw. Fla., L.L.C.
  M.D. Fla.· 2025-04-10
  The Court grants the motion to dismiss in part, finding the amended complaint suffers from being a shotgun pleading and that many claims fail due to lack of administrative exhaustion or failure to state a claim.
• Pumphrey v. Kinnan
  Fla. 2d DCA· 2025-04-04
  Absolute immunity protects public officials from suit for statements made within the scope of their duties, and this protection applies regardless of the specific cause of action asserted—including malicious prosecution claims—when the underlying conduct is predicated on allegedl
• Mills v. Kinnan
  Fla. 2d DCA· 2025-04-04
  Absolute immunity protects public officials from suit for statements made within the scope of their duties, and this immunity applies regardless of the specific cause of action asserted—including malicious prosecution claims that are premised on allegedly false statements. The sc
• Thomas v. HCA Cap. Hosp.
  N.D. Fla.· 2025-03-26
  The court held that the plaintiff's amended complaint was insufficient to proceed because it failed to state a claim under § 1983 and did not comply with Florida's Medical Malpractice Act.
• D.B. v. The Wendy's Co.
  M.D. Fla.· 2025-03-26
  The court held that the plaintiffs failed to state a claim for Intentional Infliction of Emotional Distress (IIED) and Tortious Interference with a Custodial Parent-Child Relationship because the alleged conduct did not meet the required legal standards.
• Dante v. Yaffa
  S.D. Fla.· 2025-03-25
  The court granted the defendants' motion to set aside the clerk's default, finding they met the minimum showing required for good cause under Rule 55(c).
• Efstathion v. Cbre Cap. Mkts., Inc.
  S.D. Fla.· 2025-03-19
  The court held that the Plaintiff's claims under the Florida Civil Rights Act (FCRA) are time-barred by the four-year statute of limitations, and the breach of contract claim fails to state a claim upon which relief can be granted.
• Gilliam v. Fort Myers Police Dep't (Chief of Police)
  M.D. Fla.· 2025-03-17
  The court granted the motion to dismiss in part, dismissing most claims due to procedural defects like shotgun pleading, improper party joinder, and lack of factual support, but allowed a Fourth Amendment claim against Officer Greene for an unlawful personal search to proceed.
• Butler v. Marion Cnty. Sheriff's Off.
  M.D. Fla.· 2025-03-14
  The court held that the plaintiff's amended complaint suffers from numerous pleading deficiencies, including shotgun pleading, failure to state a claim, and claims against immune parties, warranting dismissal unless cured by a second amended complaint.
• Douglas v. Judd
  M.D. Fla.· 2025-03-13
  The court granted in part and denied in part the motion to dismiss, dismissing the Section 1983 malicious prosecution and defamation claims with leave to amend, but allowing the false arrest, state law malicious prosecution, and intentional infliction of emotional distress claims
• Scott v. Blanton
  M.D. Fla.· 2025-03-11
  The court held that the plaintiff's complaint, which raised claims identical to those previously dismissed, should be dismissed without leave to amend.
• Orellana v. Roblox Corp.
  M.D. Fla.· 2025-03-04
  The court granted Epic's motion to compel arbitration and granted in part and denied in part Sony's motion to compel arbitration.
• King v. Lee Cnty.
  M.D. Fla.· 2025-03-03
  Tammy King sued Lee County, medical personnel at Millennium Physician Group, and sheriff's deputies after she was arrested and involuntarily committed under Florida's Baker Act following an altercation at a medical office. The court granted in part and denied in part motions to d
• Dvoinik v. Republic of Austria
  M.D. Fla.· 2025-02-24
  The court held that the Republic of Austria is immune from suit under the Foreign Sovereign Immunities Act because neither the expropriation nor the non-commercial tort exceptions apply.
• Williams v. Pearson
  N.D. Fla.· 2025-02-20
  The court recommended dismissal of the case because it lacked subject-matter jurisdiction.
• Lorente-Garcia v. Giraldo-Navarro
  S.D. Fla.· 2025-02-20
  The court held that the plaintiff adequately pleaded copyright infringement and secondary infringement claims, but dismissed state law claims for unjust enrichment and defamation due to preemption or lack of specificity, while leaving the IIED claim against the primary creators f
• Marius v. Iberia Bank
  S.D. Fla.· 2025-02-18
  The court held that a bank is not a 'place of public accommodation' under the Florida Civil Rights Act and that the plaintiff failed to allege facts sufficient to state a claim for intentional infliction of emotional distress.
• Hendry v. Ankinyele Adams
  Fla. 3d DCA· 2025-02-12
  A trial court abuses its discretion when it admits evidence of racial discrimination in a case where the plaintiff failed to plead racial discrimination in the operative complaint. The plaintiff must plead both his race and that he was arrested for racial reasons; evidence of dis
• The Netherland of S. Beach Condo. Ass'n, Inc. v. Ankinyele Adams
  Fla. 3d DCA· 2025-02-12
  The Third District Court of Appeal reversed a $5.3 million judgment against a condominium association and club management company, holding that the trial court abused its discretion by admitting evidence of racial discrimination when the plaintiff failed to plead such a claim in
• Milton
  Del. Super. Ct.· 2025-02-05
  The court granted the defendants' motion for reargument, finding that they met their burden to establish a basis for relief under Rule 59. Consequently, the court granted summary judgment in favor of the defendants on the issue of punitive damages, concluding that no genuine issu
• Mishiyev v. Davis
  Fla. 2d DCA· 2025-01-31
  The Anti-SLAPP statute does not apply to all of Mishiyev's claims because not all alleged defamatory statements were made in or in connection with protected media formats—specifically, statements allegedly made directly to YouTube and a nightclub owner fall outside the statute's
• Smith v. Slimak
  S.D. Fla.· 2025-01-29
  The court held that the plaintiff's claim for unlawful arrest/false imprisonment under 42 U.S.C. § 1983 against Officer Slimak stated a plausible claim for relief, but other claims against Slimak and Miami-Dade County were dismissed.
• Harrington v. Veritext, LLC
  S.D. Fla.· 2025-01-29
  The court held that it has subject matter and personal jurisdiction and that no abstention doctrine applies, thus the motion to remand should be denied.
• Doe v. Fenix Int'l Ltd.
  S.D. Fla.· 2025-01-29
  Jane Doe sued Fenix International Limited (owner of OnlyFans) claiming it violated federal sex trafficking laws by knowingly facilitating the upload and sale of a video depicting her rape, but the court granted Fenix's motion to dismiss on the ground that Section 230 of the Commu
• Hava v. City of Hollywood
  S.D. Fla.· 2025-01-28
  The court recommended granting the defendant's motion for attorney's fees, finding the plaintiff's claims frivolous.
• Reddick v. Osborn
  N.D. Fla.· 2025-01-23
  The court held that some claims are dismissed for failure to state a claim, while others may proceed but are stayed pending resolution of related state criminal proceedings.
• Doe v. Miami Gardens Square One, Inc.
  S.D. Fla.· 2025-01-20
  The court granted in part and denied in part the parties' motions in limine, ruling on the admissibility of various categories of evidence and arguments for an upcoming trial.
• Coomer v. Byrne
  M.D. Fla.· 2025-01-14
  The court held that the complaint sufficiently alleged publication and actual malice for defamation claims, denying motions to dismiss on those grounds.
• Guan v. Ellingsworth Residential Cmty. Ass'n, Inc.
  11th Cir.· 2025-01-13
  Alice Guan sued her homeowners association, Ellingsworth Residential Community Association, after the HOA filed for subchapter V bankruptcy to avoid paying her counterclaim for damages and attorney's fees. The Eleventh Circuit held that a not-for-profit homeowners association may
• Menezes v. Bank of Am. Corp.
  M.D. Fla.· 2025-01-09
  The court granted the defendant's motion to dismiss, finding that the plaintiff failed to state a claim for intentional infliction of emotional distress and disability-based hostile work environment under the ADA.
• Phillips v. Fort Fam. Invs.
  M.D. Fla.· 2025-01-09
  The court held that Count I alleging a violation of FCRA Section 1681s-2(a) is dismissed with prejudice as there is no private right of action. State law claims are preempted by the FCRA. Count III alleging FDCPA violations is dismissed without prejudice for insufficient facts.
• Calisi v. Volusia Cnty. Dep't of Corr.
  M.D. Fla.· 2024-12-20
  The court held that the amended complaint fails to state claims against most defendants due to insufficient identification or lack of factual allegations, but allows the excessive force claim against Lieutenant DeEsposito to proceed.
• Johnson v. Fla. Dep't of Juv. Just.
  M.D. Fla.· 2024-12-16
  The court granted in part and denied in part the defendants' motion to dismiss, clarifying which claims could proceed against which defendants and ordering the plaintiff to file a second amended complaint.
• Lorente-Garcia v. Giraldo-Navarro
  S.D. Fla.· 2024-12-13
  The court held that it lacked personal jurisdiction over the writer defendants because the plaintiff failed to allege sufficient facts in his complaint to establish a prima facie case for jurisdiction under Florida's long-arm statute or Federal Rule of Civil Procedure 4(k)(2).
• Mack v. City of Marianna
  N.D. Fla.· 2024-12-13
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the city or the police captain, and recommended declining supplemental jurisdiction over the state law claims.
• Myers v. Provident Life & Accident Ins. Co.
  M.D. Fla.· 2024-12-09
  A cardiologist challenged an insurance company's denial of his disability claim, alleging fraudulent claims practices through misuse of CPT codes in violation of RICO, but the court granted summary judgment for the insurance company because the plaintiff failed to establish equit
• Shultz v. Johnson
  Fla. 5th DCA· 2024-12-06
  This appeal addresses whether a daughter adequately pleaded claims for tortious interference with her expectancy under her father's trust and for invalidating a trust amendment based on alleged fraudulent conduct by her brother. The Fifth District Court of Appeal held that the da
• Mishiyev v. Youtube LLC
  M.D. Fla.· 2024-12-02
  A forum selection clause in a service's terms of service is given controlling weight in a motion to transfer venue under 28 U.S.C. § 1404(a), unless extraordinary circumstances disfavor transfer.
• Arevalo v. Menada, Inc.
  Fla. 3d DCA· 2024-11-27
  The court affirmed the lower court's judgment based on established legal standards for claim relatedness, statutory interpretation, and the threshold for outrageous conduct.
• D.B. v. The Wendy's Co.
  M.D. Fla.· 2024-11-19
  The court held that while some negligence claims could proceed if rooted in a recognized tort like battery, the allegations of sexual battery were insufficient. Claims for Intentional Infliction of Emotional Distress and Tortious Interference with a Custodial Parent-Child Relatio
• Raymond v. Hillsborough Cnty.
  M.D. Fla.· 2024-11-14
  The court granted the motion to dismiss, finding all of the plaintiff's claims barred by the Heck doctrine, lack of probable cause, or failure to state a cognizable claim.
• White v. Eslinger
  M.D. Fla.· 2024-10-29
  The court held that a former high-ranking official, sued in his individual capacity and alleged to have personal knowledge, can be deposed, and the magistrate judge's denial of a protective order was not clearly erroneous.
• Roe v. Fryer
  M.D. Fla.· 2024-10-25
  Travis Roe sued Sheriff Michelle Cook and Deputies Clint Redmond and Mark Maertz for excessive force and related claims arising from his arrest in August 2020 for murder. The court granted summary judgment in favor of the defendants on the excessive force and failure to intervene
• Shah v. Spirit Airlines, Inc.
  S.D. Fla.· 2024-10-18
  The court held that the amended complaint did not constitute a shotgun pleading and that the negligence claim could proceed, but the intentional infliction of emotional distress claim was dismissed for failing to allege outrageous conduct.
• Ortiz v. Sch. Bd. of Hillsborough Cnty.
  M.D. Fla.· 2024-10-17
  The court held that the plaintiff failed to state claims for equal protection, Section 504, Title II, negligence, and FEEA against the School Board due to insufficient allegations of municipal policy, meaningful access denial, breach of duty, or deliberate indifference, but grant