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

• Noshirvan v. Couture
  M.D. Fla.· 2024-10-16
  The court held that transfer of the case was not warranted due to significant dissimilarities between it and a previously filed action, despite some overlapping parties and claims.
• Bensouna v. E11Even Miami, Inc.
  S.D. Fla.· 2024-10-09
  The court granted the motion for reconsideration, finding that newly discovered evidence of coordination between the defendant and law enforcement could establish state action for a federal claim.
• Arasteh v. Luxurban Hotels Inc.
  S.D. Fla.· 2024-10-02
  The court held that the plaintiff sufficiently pleaded a claim for race-based discrimination under 42 U.S.C. § 1981, but failed to sufficiently plead a claim for intentional infliction of emotional distress and a demand for punitive damages.
• Doss v. Holder
  M.D. Fla.· 2024-09-24
  Surgret Doss, representing himself, sued law enforcement officers and the City of Tampa after being charged with perjury based on an indigency application he filed, which charged he did not own property despite owning four properties; he claimed the prosecution lacked probable ca
• Saintcy v. Fla. Dep't of Revenue Child Support Program
  S.D. Fla.· 2024-09-23
  The court affirmed the Magistrate Judge's Report and Recommendation, granting the defendants' motion to dismiss because the plaintiff failed to state a claim and the court lacked subject matter jurisdiction.
• Baxter v. Wexford Health Sources, Inc.
  M.D. Fla.· 2024-09-18
  The court held that genuine disputes of material fact preclude summary judgment on the Eighth Amendment deliberate indifference claims against the individual medical defendants, but granted summary judgment for Dr. Berrios on the retaliation claims.
• Cancela v. Judd
  M.D. Fla.· 2024-09-12
  Plaintiffs sued federal and state law enforcement officials for false arrest and malicious prosecution related to a child pornography investigation. The district court granted defendants' motion to dismiss, finding that law enforcement had probable cause to arrest based on CyberT
• Coley v. Bank of Am.
  M.D. Fla.· 2024-09-11
  The court held that the plaintiff's complaint was deficient for failing to establish subject matter jurisdiction, violating pleading standards, and failing to state a cognizable claim for negligent infliction of emotional distress, and recommended dismissal with leave to amend.
• Smitherman v. Quaintance
  M.D. Fla.· 2024-08-29
  The court held that claims related to the Duquesne Drive home are time-barred, but claims related to the Cal Cove home are not time-barred due to the reversal of conviction. The malicious prosecution claim fails for lack of legal process.
• Torres v. The Bank of N.Y. Mellon
  M.D. Fla.· 2024-08-29
  The court held that it lacks subject matter jurisdiction over the case due to the Rooker-Feldman doctrine and failure to establish diversity jurisdiction.
• Doe v. Predator Catchers, Inc.
  M.D. Fla.· 2024-08-28
  John Doe brought suit against Predator Catchers, Inc. and Eric Schmutte for defamation, invasion of privacy, intentional infliction of emotional distress, assault, and violations of Florida's cyber crime statute after the defendants orchestrated a sting operation in which they lu
• Doe v. Hernando Cnty. Sch. Dist.
  M.D. Fla.· 2024-08-26
  The parent and eight-year-old disabled student filed this discrimination suit against a school district and school officials, alleging physical abuse, failure to provide educational accommodations, and retaliation following complaints to authorities. The court granted the plainti
• Saintcy v. Fla. Dep't of Revenue Child Support Program
  S.D. Fla.· 2024-08-23
  The court held that it lacks subject matter jurisdiction over claims against defendants in their official capacities due to Eleventh Amendment sovereign immunity and that the Rooker-Feldman doctrine bars claims seeking to invalidate state administrative orders.
• Fitzgerald v. McNae
  S.D. Fla.· 2024-08-21
  The court recommended denying Defendant W. McNae's motion for attorney's fees and costs, finding he was not a prevailing party and that awarding costs would be premature and unjust. The court also recommended granting plaintiffs' motion to bifurcate the determination of attorney'
• McKenzie v. United States Tennis Ass'n Inc.
  M.D. Fla.· 2024-08-16
  Kylie McKenzie sued the United States Tennis Association for negligence, negligent supervision and retention, and related claims after a USTA coach sexually assaulted her over two weeks at the USTA National Campus in Florida in 2018. The court denied the USTA's post-trial motion
• Boe v. Garcia
  S.D. Fla.· 2024-08-15
  The court held that the pro se plaintiff's complaint must be dismissed without prejudice for failing to state a claim because it constitutes a "shotgun pleading."
• Abboud v. Hardwick
  M.D. Fla.· 2024-08-14
  The court held that the plaintiff's second amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted, and that certain defendants were entitled to immunity.
• Fitzgerald v. McNae
  S.D. Fla.· 2024-08-13
  A proposal for settlement is invalid and unenforceable if it is structured such that an offeree cannot independently evaluate or settle their claim, or if it fails to apportion the settlement amount in a joint proposal.
• Jones v. The Lamar Co., L.L.C.
  M.D. Fla.· 2024-08-13
  The court held that Plaintiff's claims are barred by the Rooker-Feldman doctrine because they invite review and rejection of state court judgments.
• Clemen v. Surterra Holdings, Inc.
  M.D. Fla.· 2024-08-13
  The court held that the plaintiff failed to state a claim for intrusion upon seclusion because she did not adequately allege a subjective and reasonable expectation of privacy in the "gown up" area, nor did she allege facts demonstrating outrageous and extreme conduct.
• Noshirvan v. Couture
  M.D. Fla.· 2024-08-02
  The court held that the defendant's counterclaim was barred by res judicata and that sanctions were warranted against the defendant's counsel for filing a frivolous pleading.
• Capel v. Pasco Cnty.
  M.D. Fla.· 2024-08-02
  The court held that the Tax Injunction Act bars federal jurisdiction over challenges to state tax assessments when a plain, speedy, and efficient remedy exists in state court, and that the plaintiffs' claims were also frivolous.
• Coomer v. Byrne
  M.D. Fla.· 2024-07-31
  The court held that Colorado's anti-SLAPP statute's discovery stay provision is inapplicable in federal court because it is procedural and conflicts with the Federal Rules of Civil Procedure. Therefore, a stay of discovery is not warranted.
• Gerow v. Newsom
  M.D. Fla.· 2024-07-24
  The court held that it lacked subject matter jurisdiction over claims against the Franchise Tax Board due to the Tax Injunction Act and lacked personal jurisdiction over the California Executive Branch Defendants.
• Bensouna v. E11Even Miami, Inc.
  S.D. Fla.· 2024-07-17
  The court held that it lacked subject-matter jurisdiction over the plaintiff's claims because the § 1983 claim failed as the defendant was a private entity, and the remaining state law claims lacked diversity jurisdiction as both parties were Florida citizens.
• Frank v. Fine
  M.D. Fla.· 2024-06-25
  The court held that a plaintiff cannot challenge a facially constitutional statute by claiming lawmakers acted with an impermissible purpose, and that the plaintiff's complaint was an impermissible shotgun pleading.
• Deppe v. Sovinski
  M.D. Fla.· 2024-06-20
  The court granted plaintiff's motion to amend his complaint, denied his motions to disqualify counsel and for sanctions, and denied his motion for reconsideration of a prior order.
• Doe v. City of Miami
  S.D. Fla.· 2024-06-18
  Jane Doe sued the City of Miami and three police officers for conducting a strip search and body cavity search without proper authorization or sanitary conditions. The district court granted in part and denied in part the defendants' motion to dismiss, holding that the City is no
• Cunningham v. Sanofi S.A.
  M.D. Fla.· 2024-06-14
  The court held that the plaintiffs' claims are barred by the statute of limitations because they had sufficient notice of their injury and its potential cause more than four years before filing suit.
• Dawn v. Nexdine Hospitality
  S.D. Fla.· 2024-05-15
  The court granted the motion to dismiss, finding the plaintiff failed to state a claim for negligent infliction of emotional distress and sexual harassment, and denied leave to amend for intentional infliction of emotional distress and breach of contract claims as futile, but gra
• Rivero v. Monroe Country Sheriffs Off.
  S.D. Fla.· 2024-05-14
  The court granted the motion to dismiss, finding that the Sheriff's Office was an improper defendant, official capacity claims were redundant, individual capacity claims against the Sheriff failed for lack of personal involvement, and the remaining claims were barred by qualified
• Singh v. Carnival Corp.
  S.D. Fla.· 2024-05-06
  The court held that a valid arbitration agreement with a delegation provision requires an arbitrator to determine arbitrability, and the magistrate judge's order affirming this was not clearly erroneous.
• Philippeaux v. Miami Apts. Invs., LLC
  S.D. Fla.· 2024-05-03
  The court held that the plaintiff failed to establish a genuine dispute of material fact regarding a causal link between his prior lawsuit and the non-renewal of his lease, thus granting summary judgment for the defendants on the FHA retaliation claim.
• Arnold v. Patterson
  M.D. Fla.· 2024-05-02
  The Court dismissed the case for lack of jurisdiction, finding it barred by the Rooker-Feldman doctrine, Younger abstention, and the domestic relations exception.
• Dimanche v. Jackson
  M.D. Fla.· 2024-04-23
  The court adopted in part the Magistrate Judge's Report and Recommendation, finding the Second Amended Complaint to be an impermissible shotgun pleading and striking certain claims and defendants, but granting Plaintiff one final opportunity to amend.
• Watson v. Kingdom of Saudi Arabia
  N.D. Fla.· 2024-03-30
  Victims of a terrorist attack at Naval Air Station Pensacola sued the Kingdom of Saudi Arabia under various federal and state statutes, but the court dismissed the case because Saudi Arabia could not be held liable under any of the available exceptions to foreign sovereign immuni
• Marcus v. Titan Am., LLC
  M.D. Fla.· 2024-03-20
  McKinley Marcus, an African American truck driver, brought employment discrimination and retaliation claims against his employer Titan after being terminated in October 2019, alleging he was discriminated against based on race following incidents involving a rope he viewed as a n
• Reiber v. Camilla Maurita Yamasaki
  Fla. 5th DCA· 2024-03-15
  The trial court erred in dismissing the complaint for forum non conveniens because it conducted an inadequate Kinney analysis without requiring sworn affidavits or evidence, relying instead on unsworn counsel arguments and inferences from the complaint alone. The trial court also
• Reiber v. Camilla Maurita Yamasaki
  Fla. 5th DCA· 2024-03-15
  The appellate court reversed a trial court's dismissal of a civil complaint based on forum non conveniens. The court found the trial court erred by not conducting a proper analysis, failing to give deference to the plaintiff's choice of forum, and not considering the defendant's
• Balaban v. Winters
  M.D. Fla.· 2024-03-15
  The court held that the plaintiff failed to state a claim under Section 1983 against both the individual defendant and the municipality because the alleged conduct was private and not committed under color of state law, and the municipality's actions did not violate constitutiona
• Percival v. Leduc
  M.D. Fla.· 2024-03-08
  Diana Percival sued a county sheriff and two deputies after they assisted her ex-boyfriend in entering her home without a warrant or valid consent and subsequently arrested her following a physical altercation. The court granted in part and denied in part the defendants' motions
• Holmes v. City of Clearwater
  M.D. Fla.· 2024-02-26
  The court dismissed most claims for shotgun pleading and failure to state a claim, but granted leave to amend for most counts, finding that a pro se plaintiff should have at least one opportunity to cure deficiencies.
• Mathews v. United Parcel Serv., Inc.
  M.D. Fla.· 2024-02-23
  The court held that the plaintiff failed to present evidence of outrageous conduct for his intentional infliction of emotional distress claim and failed to establish a prima facie case for FMLA retaliation due to lack of temporal proximity and materially adverse actions.
• Koletas v. United States
  M.D. Fla.· 2024-02-20
  The court held that TSA screeners are not "officers of the United States" for purposes of the Federal Tort Claims Act's law enforcement proviso, thus the United States retains sovereign immunity from the plaintiff's tort claims.
• McKenzie v. United States Tennis Ass'n Inc.
  M.D. Fla.· 2024-02-16
  Kylie McKenzie, a young tennis player recruited into the USTA's training program, sued the United States Tennis Association for negligent retention and supervision, battery, intentional infliction of emotional distress, negligence, and punitive damages following a sexual assault
• Anderson v. Huffman
  M.D. Fla.· 2024-02-13
  The court held that a public official is not entitled to absolute immunity for defamation if the statements were not made within the scope of her official duties, particularly when she lacked supervisory authority over the plaintiff.
• Rizk v. Seminole Cnty. Sheriff
  M.D. Fla.· 2024-01-26
  A 69-year-old Egyptian-born naturalized U.S. citizen arrested for misdemeanor charges at the Seminole County Jail alleged that corrections deputies used excessive force against him during a strip search in 2018, choking him to unconsciousness and causing fractured ribs. The court
• Kehoe v. Kehoe
  Fla. 2d DCA· 2023-12-27
  A trial court may deny a prejudgment writ of replevin when the plaintiff fails to meet statutory requirements under Florida Statutes sections 78.065 and 78.067, but such denial does not preclude the plaintiff's right to pursue ordinary replevin and obtain a final adjudication on
• Fla. BC Holdings, LLC v. Reese
  Fla. 6th DCA· 2023-12-21
  The appellate court affirmed a jury's award of damages for tortious interference with a business relationship, finding that Florida's impact rule does not apply to intentional torts. The court certified questions to the Florida Supreme Court regarding the general applicability of
• Clevenger v. Insight Bldg. Co., LLC
  Del. Ch.· 2023-12-20
  The Court of Chancery lacks subject matter jurisdiction over a petition seeking reformation of a contract because a sufficient remedy is available through a declaratory judgment in the Superior Court. Furthermore, the petition fails to adequately plead the elements required for r