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

• Gardi v. United Healthcare Servs., Inc.
  S.D. Fla.· 2020-01-31
  Plaintiff Joseph Gardi sued healthcare defendants United Healthcare and HCA seeking damages for violations of ERISA, COBRA, and Medicare Secondary Payer laws, alleging improper denial and delay of medical treatments following his divorce-triggered COBRA election. The court grante
• Scopelliti v. Harris
  M.D. Fla.· 2019-12-19
  The court held that the Rooker-Feldman doctrine barred claims seeking review of a state court judgment, and negligence claims failed for lack of a duty of care because the defendant did not own the property at the time of the alleged incident.
• Eisenman v. Carnival Corp.
  S.D. Fla.· 2019-12-11
  The court held that plaintiffs' claims for intentional infliction of emotional distress are not preempted by DOHSA and that the complaint adequately pleads extreme and outrageous conduct, and that the negligence claims are not improper shotgun pleadings.
• Goodwin v. Adventist Health System/Sunbelt
  M.D. Fla.· 2019-12-06
  The court adopted the Magistrate Judge's recommendation to remand the case to state court.
• Taveras v. Ocwen Loan Servicing LLC.
  S.D. Fla.· 2019-12-03
  The court held that the plaintiff's fraud claims were barred by res judicata and the intentional infliction of emotional distress claim failed to state a claim as a matter of law.
• Brown v. Fla. Gulf Coast Univ. Bd. of Trs.
  M.D. Fla.· 2019-11-21
  The court held that the plaintiff's claims were barred by res judicata, and claims against an individual defendant were barred by sovereign immunity or Title IX limitations.
• Barmapov-Segev v. City of Miami
  S.D. Fla.· 2019-11-20
  The court granted in part and denied in part the defendants' motions to dismiss, dismissing several counts against the City based on sovereign immunity and duplicative claims, but allowing others to proceed.
• Of
  Del. Super. Ct.· 2019-11-14
  The court granted the School Defendants' motion to dismiss all claims against them, finding Theresa's Title IX claim untimely and that the School Defendants could not be held vicariously liable for Dutton's intentional torts or have reasonably foreseen his sexual assault. The cou
• Malverty v. Equifax Info. Servs., LLC
  M.D. Fla.· 2019-10-18
  The court held that the FCRA preempts state law claims absent malice or willful intent to injure, but genuine issues of material fact exist regarding causation and actual damages for FCRA violations related to home and car loans.
• Yule v. Ocean Reef Community Associaton
  S.D. Fla.· 2019-10-11
  A plaintiff's request to proceed anonymously is denied when the alleged privacy interests, including personal embarrassment and psychological distress, do not outweigh the customary presumption of openness in judicial proceedings.
• Schmidt
  Del. Super. Ct.· 2019-09-30
  The court granted the defendant's motion to dismiss, finding that the plaintiff's claims were time-barred under California's one-year statute of limitations, as applied through Delaware's Borrowing Statute and California's Savings Statute. Additionally, the court dismissed the ca
• O'Malley-Gordon v. United States
  M.D. Fla.· 2019-09-25
  The court held that the abuse of process claim failed for lack of post-issuance misuse and the civil rights claim was barred by sovereign immunity.
• Von Alt-Byoune v. Von Alt
  S.D. Fla.· 2019-09-16
  The court held that a private citizen lacks standing to bring criminal charges, and thus, the amended complaint alleging violations of criminal statutes must be dismissed.
• Malverty v. Equifax Info. Servs., LLC
  M.D. Fla.· 2019-09-11
  The court held that plaintiff's claims for intentional infliction of emotional distress, negligence, gross negligence, and negligent infliction of emotional distress were dismissed for failure to state a claim. The court also found that punitive damages under the FCRA do not surv
• Brown v. Citizens Prop. Ins. Corp.
  M.D. Fla.· 2019-09-05
  The court denied the plaintiff's motions for declaratory and summary judgment and dismissed the complaint as a shotgun pleading because it was premature and failed to meet pleading standards.
• Sbrocco v. Hartford Ins. Co. of the Se.
  M.D. Fla.· 2019-08-13
  The court held that a loss or diminution of workers' compensation benefits does not constitute an injury to 'business or property' required for a civil RICO claim. The court also declined to exercise supplemental jurisdiction over the remaining state law claims.
• Ener v. Martin
  125 La. 1087· S.D. Fla.· 2019-05-21
  The court held that the fugitive disentitlement doctrine applies, warranting dismissal of the plaintiff's complaint with prejudice.
• Halveland v. Fla. Dep't of Corr.
  273 So. 3d 227· Fla. 1st DCA· 2019-05-21
  An amended complaint raising new legal theories or federal claims can relate back to an original pleading if it arises from the same conduct and transaction and gives defendants fair notice of the factual underpinnings, even if the legal theory changes. A remand for "further proc
• Am. Airlines, Inc. v. The Est. of Michael Cimino
  Fla. 4th DCA· 2019-04-17
  When a party seeks to compel disclosure of documents claimed to be protected by attorney-client privilege or work-product doctrine, the claiming party is entitled to an in camera review by the trial court prior to disclosure. If privilege is waived through affirmative defenses or
• Dimitry Telamour v. State
  259 So. 3d 997· Fla. 5th DCA· 2018-12-14
  A petition for belated appeal may be granted to allow review of a trial court's denial of a motion to correct an illegal sentence.
• Casado v. Miami-Dade Cnty.
  106 La. 356· S.D. Fla.· 2018-10-23
  The court held that the plaintiff failed to state a claim under Monell for Section 1983 violations against the County and that state law claims against the County were barred by sovereign immunity.
• Doe v. Ins. Co. Of The State Of Pa.
  118 La. 57· S.D. Fla.· 2018-10-22
  The court held that the insurer has no duty to indemnify because the sexual assault falls under the 'abuse or molestation exclusion' in the insurance policy, as the victim was in the insured's care, custody, or control at the time of the incident.
• Rogers v. Bushey
  Del. Super. Ct.· 2018-02-07
  The Court granted Defendants' motion to dismiss, finding that all of Plaintiff's claims were barred by the applicable two-year statute of limitations. The Court also denied Plaintiff's motion to amend the trial scheduling order, as Plaintiff failed to demonstrate good cause.
• Melissa v. Coutant and Andrew T. Coutant
  232 So. 3d 447· Fla. 4th DCA· 2017-12-13
  The trial court erred in summarily denying a motion for relief from judgment concerning one defendant, as the alleged mailing of a voluntary dismissal notice prior to the dismissal order would have divested the court of jurisdiction.
• Greenfield
  Del. Super. Ct.· 2017-10-31
  The Delaware Superior Court granted the defendants' motion to dismiss, finding that the plaintiff failed to state a claim upon which relief could be granted. The court determined that the defendants were immune under the Delaware State Tort Claims Act because their actions were d
• Ciabattoni v. Teamsters Local 326
  Del. Super. Ct.· 2016-08-22
  The court granted the defendant's motion to dismiss for lack of personal jurisdiction. The court found that the plaintiff failed to establish a statutory basis for jurisdiction under Delaware's long-arm statute, as there was no evidence that the defendant committed any tortious a
• Smith
  Del. Super. Ct.· 2016-08-03
  The court granted the State Defendants' motion to dismiss. Sovereign immunity bars all state law claims. The Child Abuse Prevention and Treatment Act (CAPTA) does not provide a private cause of action. The Rehabilitation Act claim fails because the plaintiff did not allege discri
• Spence v. Achamma Cherian
  Del. Super. Ct.· 2016-05-20
  The appellate court affirmed the trial court's dismissal of Rite Aid's third-party complaint against Michael Spence's father. The court held that Rite Aid failed to plead the requisite elements for its claims of invasion of privacy, intentional infliction of emotional distress, n
• Morgan McCaffrey
  Del.· 2016-02-04
  The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the plaintiff failed to establish claims against the City of Wilmington and Chief Michael Szczerba. The court found that the plaintiff had voluntarily dismissed claims against the City under Count I a
• Singer v. Colony Ins.
  S.D. Fla.· 2015-11-30
  The court held that the insurer had no duty to defend or indemnify the employer because the claims in the underlying action were either excluded by the policy or did not meet the policy's coverage definitions.
• In & for Kent Cnty. Christopher King
  Del. Super. Ct.· 2015-06-29
  The court granted the plaintiff's motion to amend the complaint to add an equal protection claim but granted the defendants' motions for judgment on the pleadings on all original claims. The court denied the plaintiff's motion for partial summary judgment and motion for reconside
• Smith v. Kent Cnty. Soc'y
  Del. Super. Ct.· 2015-04-03
  The court denied in part and granted in part the defendants' motion to dismiss. The court found that res judicata did not apply, that a statute allowing warrantless seizure of dangerous dogs did not override constitutional protections, and that Mrs. Smith was collaterally estoppe
• IN & FOR NEW Castle Cnty. David Naples v. NEW Castle Cnty.
  Del. Super. Ct.· 2015-03-30
  The court granted summary judgment for the defendants, finding insufficient evidence to support the plaintiff's claims for violations of constitutional due process and defamation. The court held that public employment is not a fundamental right, and while the plaintiff had a prop
• In & for Kent Cnty. Gordon Smith
  Del. Super. Ct.· 2014-07-08
  The court granted summary judgment for the defendants, finding that valid arrest warrants defeated claims of false arrest, false imprisonment, and malicious prosecution. Various tort claims were barred by the State Tort Claims Act or failed for lack of evidence. Civil rights clai
• In & for Kent Cnty. Eugenia Thorton
  Del. Super. Ct.· 2014-06-05
  The court affirmed the default judgment and awarded damages after an inquisition hearing, but significantly reduced the plaintiffs' claimed expenses due to lack of corroboration and relevance. The court awarded $3,881.59 for Cymbalta expenses and $8,185.98 for mental health couns
• Smart v. City of Miami Beach
  2014 U.S. Dist. LEXIS 30123· S.D. Fla.· 2014-03-04
  The court held that the plaintiff sufficiently alleged plausible claims for retaliation under Title VII and the Florida Civil Rights Act, and therefore denied the motion to dismiss those claims. The court also granted the plaintiff's unopposed motion for leave to amend her compla
• In & for Kent Cnty. Lisa Vohrer
  Del. Super. Ct.· 2014-02-26
  The court granted summary judgment for the defendants on the negligence and negligent infliction of emotional distress claims, finding that expert testimony was required to establish proximate cause for the alleged electric shocks and that the plaintiffs failed to provide such te
• Pozdol v. City of Miami
  855 F. Supp. 2d 871· S.D. Fla.· 2014-01-29
  The court held that official capacity claims against municipal officers are redundant when the municipality is sued, and that supervisory liability requires a causal connection between the supervisor's actions and the constitutional violation.
• Baker v. Kelly Smith, LLC
  836 F. Supp. 2d 677· M.D. Fla.· 2013-10-10
  The court held that a plaintiff alleging they were forced to resign for opposing racial discrimination sufficiently states a claim for retaliation under 42 U.S.C. § 1981, but fails to state a claim for race discrimination under § 1981 if the alleged discrimination was not directe
• Maddox v. Fla. Farm Bureau Gen.
  121 So. 3d 652· Fla. 5th DCA· 2013-09-13
  In a dog bite case involving injuries to two victims from the same dog attack, the Fifth District Court of Appeal reversed the trial court's grant of summary judgment to the insurance company, holding that the injuries to each victim constituted separate 'occurrences' under the h
• Dopson-Troutt v. Novartis Pharms. Corp.
  251 F.R.D. 645· M.D. Fla.· 2013-09-13
  The court held that subpoenas served on a corporation's registered agent for individual employees residing outside the court's subpoena power are improper, and Rule 30(b)(6) does not apply to trial subpoenas.
• In & for New Castle Cnty. Morgan McCaffrey v. City OF Wilmington
  Del. Super. Ct.· 2013-06-26
  The court granted in part and denied in part the defendants' motion for summary judgment. The court granted summary judgment in favor of the City of Wilmington, Sergeant Donald Bluestein, Sergeant Gerald Murray, Corporal Ralph Schifano, Master Sergeant Sherri Tull, and Chief Mich
• Montgomery v. Oberti
  1991 WL 70650· S.D. Fla.· 2013-05-16
  The court held that the Bahamas is a more appropriate and convenient forum for the action, and therefore dismissed the case on the grounds of forum non conveniens.
• McLane v. Marriott Int'l, Inc.
  818 F. Supp. 2d 1277· S.D. Fla.· 2013-04-30
  The court held that dismissal on forum non conveniens grounds was appropriate because the private and public interest factors, despite the presumption favoring U.S. plaintiffs, weighed in favor of litigation in Costa Rica.
• Bollea v. Clem
  1990 WL 172538· M.D. Fla.· 2013-03-28
  The court held that removal was improper because there was no diversity jurisdiction due to the lack of fraudulent joinder, and no federal question jurisdiction because the plaintiff's claims did not arise under federal law or the Copyright Act.
• Schueller v. Cordrey
  Del. Super. Ct.· 2013-02-19
  The court found in favor of the defendants on all claims, holding that the plaintiff failed to meet his burden of proof for battery, gross negligence, and intentional infliction of emotional distress. The court determined that while Cpl. Cordrey committed intentional contact, he
• In re the complaint of Royal Caribbean Cruises Ltd.
  850 F. Supp. 2d 653· S.D. Fla.· 2013-02-04
  The liability waiver signed by the passenger is unenforceable under 46 U.S.C. § 30509 because it attempts to limit the cruise line's liability for negligence. Royal Caribbean is not exonerated from liability for failing to provide a competent jet ski operator, and its liability i
• McGuinnes v. Novartis Pharms. Corp.
  248 F.R.D. 319· M.D. Fla.· 2013-02-04
  The court held that the plaintiff's counsel failed to demonstrate excusable neglect for the late filing of a motion to substitute a party after the plaintiff's death, and thus the action was properly dismissed.
• Clarke v. State Farm Fla. Ins.
  123 So. 3d 583· Fla. 4th DCA· 2012-10-31
  State Farm sought a declaratory judgment that it had no duty to defend or indemnify its insured, John Clarke, in an underlying action where the plaintiff contracted Herpes Simplex Virus from Clarke. The Fourth District Court of Appeal affirmed summary judgment for State Farm, hol
• IN & FOR Kent Cnty. Anthony J. Hunt
  Del. Super. Ct.· 2012-08-23
  The court granted summary judgment in favor of the State Defendants, finding that the plaintiff failed to establish genuine issues of material fact on any of his claims. The court determined that the alleged conduct did not rise to the level of intentional infliction of emotional