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

• Five for Ent. S.A. v. Rodriguez
  701 F. App'x 642· S.D. Fla.· 2012-07-09
  The court held that the defamation notice statute does not apply to private parties, and that while some claims were dismissed for failure to state a claim or lack of specificity, others, like breach of oral contract, were sufficiently pleaded.
• Garcia v. Carnival Corp.
  627 F. App'x 697· S.D. Fla.· 2012-03-07
  The court held that a negligence claim cannot be based on intentional torts, and the alleged conduct was not sufficiently outrageous for an Intentional Infliction of Emotional Distress claim.
• Pazuniak LAW Off. LLC v. Pi-Net Int'l, Inc.
  Del. Super. Ct.· 2012-01-25
  The Court granted in part and denied in part the motion to dismiss counterclaims and third-party claims. The Court dismissed all counterclaims against the O'Kelly Firm and all counterclaims against Pazuniak Law except for the breach of contract claim. The O'Kelly Firm was dismiss
• Weaver v. Mateer & Harbert, P.A.
  238 F. Supp. 125· M.D. Fla.· 2011-11-03
  The court held that the plaintiff failed to meet his burden to show that discovery responses were inadequate or evasive, and that certain discovery requests were overly broad, vague, or exceeded the permissible number of interrogatories. The court also denied the motion for appoi
• Bloom v. Miami-Dade Cnty.
  816 F. Supp. 2d 1265· S.D. Fla.· 2011-09-16
  The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
• Birster v. Am. Home Mortg. Servicing, Inc.
  796 F. Supp. 2d 1376· S.D. Fla.· 2011-07-07
  The court held that foreclosing on a mortgage is not debt collection under the FDCPA, and thus granted summary judgment on the FDCPA claim, while remanding the state law claims.
• In & for Sussex Cnty. Laurence Dassen
  Del. Super. Ct.· 2011-03-23
  The Delaware Superior Court granted the Diocese's motion to dismiss for lack of personal jurisdiction, finding that the plaintiff failed to establish sufficient minimum contacts with Delaware under either the agency or conspiracy theories of jurisdiction. The court also denied th
• Delfrate v. Liberty Mut. Fire Ins.
  727 F. Supp. 2d 1307· M.D. Fla.· 2010-07-16
  The court held that the insurer's conduct, even if it involved delay and denial of benefits, did not rise to the level of outrageous conduct required for an intentional infliction of emotional distress claim.
• Henin v. Cancel
  708 F. Supp. 2d 1315· S.D. Fla.· 2010-04-28
  The court held that the United States did not waive sovereign immunity under the FTCA for assault and battery claims by officers not empowered to enforce federal law, and that related negligence and IIED claims were barred as arising out of the assault and battery.
• Anderson v. Anderson
  30 So. 3d 689· Fla. 1st DCA· 2010-03-25
• WPC Indus. Contractors Ltd. v. Amerisure Mut. Ins.
  660 F. Supp. 2d 1341· S.D. Fla.· 2009-09-17
  The court held that the insurer has a duty to defend its insured because the allegations in the underlying complaint do not clearly fall within the policy's exclusions, and factual issues regarding indemnification remain.
• Saludes v. Republica De Cuba
  655 F. Supp. 2d 1290· S.D. Fla.· 2009-09-02
  The court entered final default judgment awarding $2.5 million in compensatory damages and $25 million in punitive damages to the plaintiff for intentional infliction of emotional distress stemming from her son's torture and imprisonment by the Cuban government.
• Rapp v. Jews FOR Jesus, Inc.
  1 So. 3d 1284· Fla. 4th DCA· 2009-02-18
• Spechler v. Tobin
  591 F. Supp. 2d 1350· S.D. Fla.· 2008-12-10
  The court held that the Chief Judge is entitled to qualified immunity because he acted within his discretionary authority and did not violate clearly established constitutional rights, and the plaintiff lacks standing.
• Brennan v. Roman Catholic Diocese of Syracuse
  575 F. Supp. 2d 1256· M.D. Fla.· 2008-08-20
  The court held that the plaintiff's allegations, if true, establish sufficient minimum contacts with Florida to support personal jurisdiction under the state's long-arm statute, satisfying due process requirements.
• Diaz v. Kaplan Univ.
  567 F. Supp. 2d 1394· S.D. Fla.· 2008-07-31
  The court held that the joinder of Defendant Wilcox was fraudulent due to collusion with the plaintiff, thus his lack of consent did not defeat removal.
• United States v. Degayner
  622 F. Supp. 2d 1258· M.D. Fla.· 2008-06-13
  The court held that it would disregard inadmissible statements rather than strike them and would apply the Federal Rules of Evidence to exclude such statements.
• Smith v. Campbell
  545 F. Supp. 2d 1218· N.D. Fla.· 2008-02-13
  The court held that the officers' conduct during interrogation did not shock the conscience, and probable cause existed for the arrest, thus granting summary judgment for the defendants on federal claims.
• Jaquith v. Spath
  956 So. 2d 502· Fla. 4th DCA· 2007-04-18
  Jaquith appeals a summary judgment granted in favor of Spath in a dispute between investors in bail bond businesses. After Jaquith filed for bankruptcy, her interest in the corporations and all pre-petition claims were sold to Spath. The court affirmed summary judgment, finding t
• Perez v. Pavex Corp.
  510 F. Supp. 2d 755· M.D. Fla.· 2007-01-29
  The court granted in part and denied in part the defendant's motion to strike the plaintiffs' expert report, finding some opinions admissible and others inadmissible.
• McCloud v. Fortune
  510 F. Supp. 2d 649· N.D. Fla.· 2007-01-25
  The court denied the defendants' motion for a new trial or remittitur, finding the jury's verdict was supported by the weight of the evidence and the damages awarded were reasonable.
• Otto Grace and Ana D. Grace v. Royal Indem. Co.
  949 So. 2d 1074· Fla. 3d DCA· 2007-01-24
  The court held that a complaint alleging an insurance carrier's affirmative conduct, which interfered with a claimant's necessary medical treatment and caused distinct harm, sufficiently stated a cause of action for intentional infliction of emotional distress, notwithstanding wo
• IN & FOR Kent Cnty. Tekstrom Inc.
  Del. Super. Ct.· 2006-07-31
  The appellate court affirmed in part and reversed in part the trial court's decision. The court affirmed the voidability of the contract due to misrepresentations, the invalidity of the liquidated damages clause as a penalty, the finding that Savla was an employee under the FLSA,
• Thristino v. Crawford & Co.
  932 So. 2d 1162· Fla. 4th DCA· 2006-06-28
  Joseph Thristino appealed the dismissal of his survival action against Tenet Health Care Corporation and Crawford & Company for intentional infliction of emotional distress arising from their mishandling of his deceased wife's worker's compensation claim. The court reversed the d
• In & for New Castle Cnty. Katina Collins
  Del. Super. Ct.· 2006-03-31
  The court held that a genuine issue of material fact exists regarding whether the defendant's conduct was extreme and outrageous, thus denying summary judgment on the intentional infliction of emotional distress claim. However, the court granted summary judgment on the negligent
• Dominguez v. Metro. Miami-Dade Cnty.
  359 F. Supp. 2d 1323· S.D. Fla.· 2004-11-23
  The court held that disclosure of the confidential informant's identity or an in camera examination is not required because the plaintiff failed to establish its necessity and the government's interest in protecting the informant outweighs the plaintiff's speculative claims.
• Aisenberg v. Hillsborough Cnty. Sheriff's Off.
  2004 U.S. Dist. LEXIS 13498· M.D. Fla.· 2004-07-16
  Federal prosecutors are entitled to absolute immunity for prosecutorial functions, including preparing and filing charging documents, making representations to the court, and retaining experts, even if the allegations suggest misconduct.
• IN & FOR Kent Cnty. Duane Adam Thomas v. C.A. No. 01C-01-046 HDR Harford Mut. Ins. Co. & Concentra Managed Care Inc.
  Del. Super. Ct.· 2004-04-07
  The court denied all motions for summary judgment. The reasonableness of the defendants' actions in handling the plaintiff's claim, the extreme and outrageous nature of their conduct, whether their interference with the contract was improper, and whether their actions constituted
• Green v. Abony Bail Bond
  316 F. Supp. 2d 1254· M.D. Fla.· 2004-03-30
  Bail bondsmen acting to apprehend a principal are not state actors for purposes of 42 U.S.C. § 1983, even if their authority derives from state law.
• Doe v. Celebrity Cruises, Inc.
  287 F. Supp. 2d 1321· S.D. Fla.· 2003-09-23
  Jane Doe sued Celebrity Cruises and related defendants for vicarious liability for sexual battery committed by crew member Baris Aydin, relying on a prior ruling that common carriers may be held strictly liable for employees' intentional torts outside the scope of employment. The
• Halloran v. Rachid Aouchiche, M.D.
  870 So. 2d 41· Fla. 2d DCA· 2003-09-19
  The court held that the trial court's order dismissing the complaint with prejudice should be summarily affirmed.
• Ward v. Fla. Bd. OF Educ.
  822 So. 2d 518· Fla. 1st DCA· 2002-06-27
  Ward appealed dismissal of his complaint against the Florida Board of Education, alleging fraud and other tort claims based on alleged misrepresentations by FAMU employees regarding degree availability. The court affirmed the dismissal, finding that the university catalog accurat
• Liggett Grp. Inc.
  Del.· 2002-05-16
  The appellate court affirmed the Superior Court's grant of summary judgment in favor of the insurers, holding that the insurance policies at issue did not provide coverage for tobacco-related injuries and that the insurers therefore had no duty to defend Liggett in the underlying
• Nelson v. City of Panama City
  176 F. Supp. 2d 1288· N.D. Fla.· 2001-12-03
  The court held that official capacity claims against an officer are redundant to claims against the city, and that certain state law claims against the city are barred by sovereign immunity, but other claims, including abuse of process and negligent hiring, survive a motion to di
• Theobie Wells, Jr. v. Fla. Dep't OF Corr.
  801 So. 2d 970· Fla. 5th DCA· 2001-11-30
  The Fifth District affirmed summary judgment for the Florida Department of Corrections and its personnel, holding that the Wellses failed to comply with statutory notice requirements, were bound by a prior settlement agreement, and were barred by accord and satisfaction and statu
• In & for New Castle Cnty. Liggett Grp. Inc.
  Del. Super. Ct.· 2001-09-12
  The Delaware Superior Court denied Liggett Group Inc.'s motion for partial summary judgment on the duty to defend against National Union Fire Insurance Company, finding that the tobacco exclusion clause in the National Union policy precluded coverage for the underlying tobacco-re
• In & for New Castle Cnty. Liggett Grp. Inc.
  Del. Super. Ct.· 2001-09-12
  The court granted Continental Casualty Company's motion for partial summary judgment, finding no coverage for the selected underlying complaints under the "Media Special Perils" policies. The court held that the allegations in the complaints did not meet the "advertising injury"
• IN & FOR Sussex Cnty. John H. Davis, JR. v. Town OF Georgetown
  Del. Super. Ct.· 2001-06-11
  The Court granted summary judgment for the defendants on all claims. The court found no material issues of fact regarding the plaintiff's claims of fraud, breach of contract, constitutional violations, and tort claims barred by governmental immunity.
• Johnson v. Sackett
  793 So. 2d 20· Fla. 2d DCA· 2001-03-28
  Julie Johnson appeals summary judgment dismissing claims against Nancy Sackett, a DHRS caseworker, arising from the removal of her three children in 1989. The court affirms dismissal of claims related to taking the children into protective custody but reverses summary judgment on
• Neumont v. Monroe Cnty.
  990 F. Supp. 2d 926· S.D. Fla.· 2000-11-02
  The court affirmed and adopted the magistrate judge's report and recommendation, granting the plaintiffs' motion for class certification.
• Jolie Mullin v. Orthwein
  772 So. 2d 30· Fla. 4th DCA· 2000-09-13
• Benita Tobin v. Damian
  772 So. 2d 13· Fla. 4th DCA· 2000-08-02
  Benita Tobin appealed summary judgments dismissing her claims for damages arising from alleged sexual abuse and incest by her deceased father. The Florida Fourth District Court of Appeal affirmed, holding that her claims were barred by the four-year statute of limitations and tha
• Palmer-Scopetta v. Metro. Life Ins.
  37 F. Supp. 2d 1364· S.D. Fla.· 1999-03-31
  The court held that the plaintiff's Title VII and state law claims are subject to mandatory arbitration under the NASD Code of Arbitration Procedure, as agreed through her Form U-4, and that the Civil Rights Act of 1991 does not preclude such arbitration.
• Vogelsang v. Allstate Ins.
  46 F. Supp. 2d 1319· S.D. Fla.· 1999-03-10
  The Professional Services Exclusion in a business insurance policy relieves the insurer of the duty to defend or indemnify the insured attorney for claims arising from the rendering of professional services, even if the claimant is not a client.
• Benita Tobin v. Damian
  723 So. 2d 396· Fla. 4th DCA· 1999-01-13
  Benita Tobin appealed the dismissal of her second amended complaint against the Ben Tobin Revocable Trust, arguing the Trust was a proper defendant. The court affirmed the dismissal, holding that a revocable trust is not directly liable for tort claims against the decedent granto
• Stricker v. Kuehl
  1998 U.S. Dist. LEXIS 18785· M.D. Fla.· 1998-11-16
  The court granted defendants' motions to dismiss, finding that the plaintiff failed to state a claim upon which relief could be granted for various alleged constitutional and tort violations.
• Chase v. Orkin Exterminating Co., Inc.
  1998 U.S. Dist. LEXIS 17874· M.D. Fla.· 1998-07-22
  The court held that no reasonable jury could have found Orkin liable for sexual harassment under Title VII or the FCRA because the evidence showed Orkin took prompt remedial action upon learning of harassment. The jury award was vacated.
• Elger v. Martin Mem'l Health Sys., Inc.
  6 F. Supp. 2d 1351· S.D. Fla.· 1998-05-07
  The court held that the plaintiff failed to state a claim for a sexually hostile work environment under Title VII and intentional infliction of emotional distress under Florida law.
• Maersk Line, Ltd. v. Weaver
  708 So. 2d 347· Fla. 1st DCA· 1998-04-17 ·via Outrageous Conduct Causing Severe Emotional Distress
• Cox v. McCraley
  993 F. Supp. 1452· M.D. Fla.· 1998-02-10
  The court held that the plaintiff failed to state a claim under federal law against the School Board and that the individual defendants were entitled to qualified immunity, warranting dismissal of the federal claims.