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

• Guthrie v. J.C. Penney Co., Inc.
  803 F.2d 202· 5th Cir.· 1986-10-27 ·cited 41×
  The court held that there was sufficient evidence for the jury to find age discrimination and willful violation of the ADEA, but that the back pay award should be reduced by pension benefits received from the employer, and affirmed the dismissal of state claims.
• Majid Ghaidan Al-Khazraji v. Saint Francis Coll.
  784 F.2d 505· 3d Cir.· 1986-03-03 ·cited 41×
  The court held that ethnic Arabs can sue under Section 1981 for racial discrimination and that Al-Khazraji's Section 1981 claim was timely filed under the six-year statute of limitations, but his Title VII claim was untimely.
• Abraham v. Pekarski
  728 F.2d 167· 3d Cir.· 1984-02-13 ·cited 41×
  The court held that the defendants' objections to punitive damages and good faith immunity were not preserved for appeal, and that the discharge of an employee is a managerial, not legislative, function, thus not subject to legislative immunity. The award of attorneys' fees was a
• Floride Norelus v. Denny's, Inc.
  628 F.3d 1270· 11th Cir.· 2010-12-28 ·cited 40×
  Floride Norelus, an illegal immigrant from Haiti alleging sexual harassment and abuse by two Denny's restaurant managers, brought suit with representation by attorneys William and Karen Amlong. After Norelus's deposition revealed numerous inconsistencies and contradictions with h
• Young v. Anthony's Fish Grottos, Inc.
  830 F.2d 993· 9th Cir.· 1987-10-15 ·cited 40×
  A state law contract claim concerning a job covered by a collective bargaining agreement is completely preempted by Section 301 of the LMRA, and state tort claims are preempted if their resolution requires interpretation of the CBA.
• Greenberg v. Sala
  822 F.2d 882· 9th Cir.· 1987-07-21 ·cited 40×
  The court held that a complaint based on reasonable inquiry, even with some factual errors, is not frivolous and does not warrant Rule 11 sanctions.
• Bellissimo v. Westinghouse Elec. Corp.
  764 F.2d 175· 3d Cir.· 1985-06-11 ·cited 40×
  The court held that the plaintiff failed to meet her burden of proving that her discharge was due to sexual discrimination, as she did not demonstrate disparate treatment compared to male employees.
• ERP v. Carroll
  438 So. 2d 31· Fla. 5th DCA· 1983-08-18 ·cited 40×
  This case addresses the proper scope of impeaching an adverse party called as a witness under Florida Rule of Civil Procedure 1.450(a) and whether a single wrongful arrest can support separate recoveries for both false imprisonment and malicious prosecution. The court reversed an
• Fla. Publ'g Co. v. Klenna Ann Fletcher
  340 So. 2d 914· Fla.· 1976-10-07 ·cited 40×
  Florida Publishing Company's photographers entered a burned home where a child died, with the fire marshal's permission, to document the scene. The Supreme Court held that the entry was lawful under the doctrine of implied consent based on common custom and usage in news media co
• Devil LeGRANDE and Eliamise LeGrande v. Emmanuel
  889 So. 2d 991· Fla. 3d DCA· 2004-12-22 ·cited 39×
  Pastor Devil Legrande and his wife sued two church members for slander and related torts after they allegedly accused the pastor of stealing church funds to purchase a Mercedes. The trial court dismissed the complaint entirely, but the appellate court reversed the dismissal of th
• Howry v. Nisus, Inc.
  910 F. Supp. 576· M.D. Fla.· 1995-10-09 ·cited 39×
  The court held that the plaintiff stated sufficient allegations to potentially establish employer status under Title VII, but dismissed the intentional infliction of emotional distress claim for failing to allege sufficiently outrageous conduct.
• Nolin v. Douglas Cnty.
  903 F.2d 1546· 11th Cir.· 1990-06-26 ·cited 39×
  The court held that the district court did not abuse its discretion in denying a late motion to amend the complaint, excluding employment guidelines due to lack of authentication, and granting a directed verdict for the defendants on due process and emotional distress claims.
• Swentek v. Usair, Inc.
  830 F.2d 552· 4th Cir.· 1987-10-07 ·cited 39×
  The court affirmed the Title VII ruling and the denial of a new trial on state tort claims, but reversed the directed verdict on the emotional distress claim, finding it could be sufficiently extreme and outrageous.
• Hoopes v. Equifax, Inc.
  611 F.2d 134· 6th Cir.· 1979-11-28 ·cited 39×
  The court held that granting summary judgment without the full ten days' notice required by Fed.R.Civ.P. 56 is not reversible error if the non-moving party demonstrates no prejudice.
• Cassell v. India
  964 So. 2d 190· Fla. 4th DCA· 2007-08-22 ·cited 38×
  David Cassell, a police lieutenant, appeals a $50,000 judgment for defamation and intentional infliction of emotional distress filed by Officer John India, his subordinate. The court holds that Cassell is entitled to absolute immunity for statements made within the scope of his d
• Paige v. Henry J. Kaiser Co.
  826 F.2d 857· 9th Cir.· 1987-08-27 ·cited 38×
  The court held that a state law claim for wrongful discharge in violation of public policy is not preempted by federal labor law, but a claim for breach of the covenant of good faith and fair dealing, implied in a collective bargaining agreement, is preempted. The court also held
• Carol and Stanley Zabkowicz v. The W. Bend Co.
  789 F.2d 540· 7th Cir.· 1986-04-24 ·cited 38×
  The court held that the Wisconsin Worker's Compensation Act's exclusivity provision barred state tort claims against the employer and supervisors, but reversed the denial of attorneys' fees for the successful Title VII claim, remanding for a determination of a reasonable fee.
• Aitken v. IP & Gcu-Employer Ret. Fund
  604 F.2d 1261· 9th Cir.· 1979-09-27 ·cited 38×
  The court held that a pension fund's determination of ineligibility based on its plan provisions is reasonable and cannot be overturned by estoppel, but remanded for consideration of individual liability claims against fund administrators.
• Granger v. Marek
  583 F.2d 781· 6th Cir.· 1978-10-09 ·cited 38×
  The dissenting judge would reverse and remand, applying the qualified immunity standard to IRS agents' conduct.
• Liberty Mut. Ins. Co. & Norma J. Peele v. Steadman
  968 So. 2d 592· Fla. 2d DCA· 2007-08-29 ·cited 37×
  Liberty Mutual Insurance and its claims handler delayed authorizing a lung transplant for a terminally ill workers' compensation claimant even after a judge ordered payment. On remand from the Florida Supreme Court, the Second District Court of Appeal held that the claimant state
• Scott v. Otis Elevator Co.
  572 So. 2d 902· Fla.· 1990-11-08 ·cited 37×
  This case concerns whether damages for retaliatory discharge under section 440.205, Florida Statutes, can include emotional distress.
• Dependable Life Ins. Co. v. Harris
  510 So. 2d 985· Fla. 5th DCA· 1987-07-09 ·cited 37×
  Dependable Life Insurance Company appealed a jury verdict awarding Harris damages for wrongful denial of disability insurance benefits and intentional infliction of emotional distress. The court affirmed the tort damages but reversed the attorney's fees award, holding that the in
• Michael E.A. Ford v. Brown
  319 F.3d 1302· 11th Cir.· 2003-01-30 ·cited 36×
  A British barrister sued Exxon Corporation and an Exxon employee in Florida federal court for defamation, intentional infliction of emotional distress, and intentional interference with business relations arising from his termination from a Hong Kong legal matter and subsequent d
• Rushing v. Bosse
  652 So. 2d 869· Fla. 4th DCA· 1995-03-08 ·cited 36×
  This case addresses whether attorneys who instituted a private adoption proceeding can be held liable for professional negligence and malicious prosecution when the child—the intended beneficiary of the adoption—was removed from her grandmother's care and taken out of state. The
• GAGNÉ v. Nw. Nat'l Ins. Co.
  881 F.2d 309· 6th Cir.· 1989-08-01 ·cited 36×
  The court held that a single, ambiguous remark by a supervisor is insufficient to create a material issue of fact for age discrimination, and that the plaintiff's alleged emotional distress did not meet the "serious" standard required by Ohio law.
• Jackson v. S. Cal. GAS Co.
  881 F.2d 638· 9th Cir.· 1989-07-28 ·cited 36×
  The court held that claims substantially dependent on interpreting a collective bargaining agreement are preempted by Section 301 of the LMRA, but claims based on independent state policies, like anti-discrimination laws, are not preempted. Claims preempted by Section 301 were pr
• Meehan v. Cnty. OF LOS Angeles
  856 F.2d 102· 9th Cir.· 1988-09-07 ·cited 36×
  The court held that the notice of appeal was insufficient to bring claims of Michael Meehan and Keith Mauldin before the court, and that the directed verdicts in favor of Buhler and the County were proper due to lack of evidence of direct involvement or policy.
• Fudge v. Penthouse Int'l, Ltd.
  840 F.2d 1012· 1st Cir.· 1988-03-01 ·cited 36×
  The court held that the term 'amazon' as used in Penthouse magazine was constitutionally protected opinion and thus not libelous, and that the publication did not place the girls in a false light or constitute intentional infliction of emotional distress.
• Williams v. Caterpillar Tractor Co.
  786 F.2d 928· 9th Cir.· 1986-04-07 ·cited 36×
  The court held that a federal court lacks jurisdiction to consider a preemption defense if the plaintiff's complaint does not state a federal cause of action, even if the defendant argues federal law completely preempts the state law claims.
• Ware v. Reed
  709 F.2d 345· 5th Cir.· 1983-07-11 ·cited 36×
  The court held that the jury instructions on the plaintiff's federal claims were deficient and misleading, requiring reversal and a new trial.
• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence
  35 So. 3d 666· Fla.· 2010-03-04 ·cited 35×·via Outrageous Conduct Causing Severe Emotional Distress
  In a probate proceeding concerning a petition for the administration of a lost will, the appellate court affirmed the trial court's summary judgment, finding that the lost will was invalid due to improper execution formalities.
• Abusaid v. Hillsborough Cnty. Bd. OF Cnty. Comm'rs
  405 F.3d 1298· 11th Cir.· 2005-04-15 ·cited 35×
  Elias Abusaid opened a nightclub in Hillsborough County, Florida, and was arrested multiple times and prosecuted for violating the county's Dance Hall Ordinance. After his criminal conviction, Abusaid sued the Hillsborough County Sheriff's Office and the County under 42 U.S.C. §
• Allstate Ins. Co. & Allstate Indem. Co. v. Ginsberg
  863 So. 2d 156· Fla.· 2003-09-18 ·cited 35×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether unwelcome sexual conduct and comments in the workplace state a cause of action for invasion of privacy under Florida law. The Court held that such conduct does not constitute invas
• DOE v. Evans
  718 So. 2d 286· Fla. 4th DCA· 1998-09-09 ·cited 35×
  Jane Doe appealed the dismissal of her claims against a church, diocese, and bishop for injuries arising from alleged sexual misconduct by a pastor during pastoral counseling. The court affirmed the dismissal, holding that claims for negligent hiring/retention/supervision, breach
• Golden v. Complete Holdings, Inc.
  818 F. Supp. 1495· M.D. Fla.· 1993-04-08 ·cited 35×
  The court held that the plaintiff's claims for negligent misrepresentation, promissory estoppel, and fraudulent misrepresentation were not barred by the employment-at-will doctrine, but the claim for outrageous conduct was insufficient.
• Reinking v. Philadelphia Am. Life Ins. Co.
  910 F.2d 1210· 4th Cir.· 1990-08-08 ·cited 35×
  A denial of ERISA benefits is reviewed de novo unless the plan grants discretionary authority; mental incapacity can render a suicide attempt unintentional, thus not excluded by an 'intentionally self-inflicted injury' clause.
• Brooms v. Regal Tube Co.
  881 F.2d 412· 7th Cir.· 1989-08-04 ·cited 35×
  The court held that a hostile work environment claim under Title VII requires both objective and subjective analysis, and that employers can be liable if they knew or should have known of harassment and failed to take reasonable remedial action. The court also affirmed the award
• Starrett v. Wadley
  876 F.2d 808· 10th Cir.· 1989-05-22 ·cited 35×
  The court held that sexual harassment can violate the Fourteenth Amendment's Equal Protection Clause and that a supervisor's termination of an employee can constitute official policy for which a county may be liable under Section 1983, but other acts of harassment may not.
• Newberry v. Pac. Racing Ass'n & Tanforan Racing Ass'n
  854 F.2d 1142· 9th Cir.· 1988-08-10 ·cited 35×
  State law claims for breach of implied covenant of good faith and fair dealing and intentional infliction of emotional distress are preempted by Section 301 of the LMRA if they require interpretation of a collective bargaining agreement. Claims for libel and intentional inflictio
• Wideman v. Shallowford Cmty. Hosp., Inc.
  826 F.2d 1030· 11th Cir.· 1987-09-08 ·cited 35×
  A county government's alleged practice of using its emergency vehicles to transport patients only to certain hospitals does not violate any established constitutional right, and therefore, plaintiffs have failed to state a claim under 42 U.S.C. § 1983.
• Studstill v. Borg Warner Leasing
  806 F.2d 1005· 11th Cir.· 1986-12-22 ·cited 35×
  The court held that the plaintiff's voluntary dismissal of her Title VII claim was not appealable and that her state tort claims were barred by Florida's Workers' Compensation Act exclusivity provision.
• Rivers v. Dillards Dep't Store, Inc.
  698 So. 2d 1328· Fla. 1st DCA· 1997-09-12 ·cited 34×
  Plaintiffs alleged false imprisonment, intentional infliction of emotional distress, invasion of privacy, battery, libel, and conspiracy after being detained in a department store, questioned without explanation, and photographed for a "wall of shame." The trial court granted sum
• Pane v. RCA Corp.
  868 F.2d 631· 3d Cir.· 1989-02-28 ·cited 34×
  The court held that state law claims related to an ERISA plan are preempted by ERISA, and that claims under ERISA for benefits or to enforce plan terms are equitable, thus not entitling the plaintiff to a jury trial.
• Joseph v. Patterson
  795 F.2d 549· 6th Cir.· 1986-07-02 ·cited 34×
  Prosecutors are not absolutely immune for investigative or administrative acts, but are immune for actions directly related to initiating and presenting a criminal case. Investigators generally have qualified immunity.
• Klein v. Trs. OF Ind. Univ. & Nancy Buckles
  766 F.2d 275· 7th Cir.· 1985-06-20 ·cited 34×
  The court held that summary judgment for the defendants was proper on the Title VII retaliatory discharge claim because the plaintiff failed to present evidence of pretext, and the district court did not abuse its discretion in dismissing the pendent state law claims.
• Scott v. Eversole Mortuary
  522 F.2d 1110· 9th Cir.· 1975-07-08 ·cited 34×
  The court held that the district court erred in dismissing the claim under 42 U.S.C. § 1983, finding that the allegations, if true, sufficiently pleaded state action.
• Elizabeth Morgan, M.D. v. Foretich
  846 F.2d 941· 4th Cir.· 1988-05-17 ·cited 33×
  The court held that the district court abused its discretion in excluding statements made by a child to a psychologist for purposes of diagnosis or treatment under Fed.R.Evid. 803(4).
• James K.T. Hunter and Gina F. Brandt v. United van Lines
  746 F.2d 635· 9th Cir.· 1984-11-05 ·cited 33×
  The court held that the 'well-pleaded complaint' rule precludes removal of state law claims asserted to be preempted by federal law.
• Hagan v. Coca-Cola Bottling Co.
  804 So. 2d 1234· Fla.· 2001-12-13 ·cited 32×
  The Florida Supreme Court held that the impact rule does not bar claims for emotional distress caused by consuming a contaminated beverage, even without accompanying physical injuries. The court reasoned that ingestion of a foreign substance constitutes sufficient 'impact' and th
• Ortega Trujillo v. Banco Central Del Ecuador
  17 F. Supp. 2d 1334· S.D. Fla.· 1998-07-29 ·cited 32×
  The court held that the defamation claim could proceed because the defendant was not a media defendant and thus not subject to the statutory notice requirement, and the false light invasion of privacy claim was dismissed as it was based on the same facts as the defamation claim.