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

• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 97-2)
  706 So. 2d 283· Fla.· 1998-02-05 ·via Outrageous Conduct Causing Severe Emotional Distress
  The Court authorizes the publication of revisions to the Standard Jury Instructions in Civil Cases, specifically concerning punitive damages.
• Shell v. Strachan
  700 So. 2d 175· Fla. 4th DCA· 1997-10-15
• Watkis v. Am. Nat'l Ins.
  89 F. Supp. 550· M.D. Fla.· 1997-06-13
  The court held that the plaintiff's claims were barred by the applicable statutes of limitations, warranting summary judgment for the defendant.
• Allan L. and Lillian Baker v. Am. Gen. Life & Accident Ins. Co.
  686 So. 2d 731· Fla. 1st DCA· 1997-01-06
• Foshee v. Health Mgmt. Assocs.
  675 So. 2d 957· Fla. 5th DCA· 1996-05-10
  A Florida appellate court reviewed the dismissal of a complaint alleging false imprisonment and intentional infliction of emotional distress against healthcare providers who allegedly detained a patient under the Baker Act without proper procedures. The court held that false impr
• COX v. Simeon, Inc.
  668 So. 2d 706· Fla. 5th DCA· 1996-03-01
  The appellate court reversed the summary judgment for the employer and manager regarding intentional torts, finding that workers' compensation immunity might not apply to an employer or its alter ego for intentional torts committed by a manager.
• Mangin v. Westco Sec. Sys., Inc.
  922 F. Supp. 563· M.D. Fla.· 1996-02-02
  The court held that the Florida Workers' Compensation Act's exclusivity provision does not bar claims for disability discrimination under the FCRA or intentional infliction of emotional distress, and that the ADA does not preempt the FCRA.
• O'Barry v. United States
  915 F. Supp. 345· S.D. Fla.· 1995-12-19
  The court held that the plaintiffs' claims of intentional torts were not barred by sovereign immunity, but ultimately found that the plaintiffs' own actions caused any injuries sustained and that the Navy acted reasonably.
• Parsons v. Nationwide Mut. Ins.
  889 F. Supp. 465· M.D. Fla.· 1995-06-23
  The court held that individual employees cannot be sued for sexual harassment or retaliation under Title VII, but a defamation claim may proceed. Allegations of poisoning horses and shooting dogs were struck from the sexual harassment claim but allowed for the emotional distress
• Hitesh Panchal v. Ethen
  648 So. 2d 245· Fla. 4th DCA· 1994-12-28
  Hitesh Panchal, a crew member of Carnival Cruise Lines, was sued in Florida for allegedly committing sexual assault on a passenger. The appellate court reversed the trial court's denial of Panchal's motion to dismiss, holding that the trial court lacked personal jurisdiction over
• Richardson v. Merkle
  646 So. 2d 289· Fla. 2d DCA· 1994-12-02
  The court held that entitlement to attorneys' fees under section 57.105 is affirmed, but the application of a contingency risk multiplier to such an award is improper.
• Kamhi v. Pine Island Ridge Condo. F Ass'n, Inc.
  634 So. 2d 730· Fla. 4th DCA· 1994-03-23
  The court held that the trial court erred in awarding attorney's fees under section 718.303 because the underlying cause of action did not fall within the statute's scope.
• Gilbert v. Jacor Commc'ns, Inc.
  629 So. 2d 309· Fla. 2d DCA· 1993-12-22
  The court reversed the trial court's dismissal of invasion of privacy, intentional infliction of emotional distress, and negligent retention claims, holding that the trial court erred by not allowing the appellant an opportunity to amend her allegations.
• Borges v. City of W. Palm Beach
  858 F. Supp. 174· S.D. Fla.· 1993-11-19
  The court granted in part and denied in part the motions, remanding some state law claims, dismissing others, and retaining jurisdiction over federal claims.
• McKETHAN v. Tex. Farm Bureau
  996 F.2d 734· 5th Cir.· 1993-07-19
  The court held that the plaintiff's claims for age discrimination, intentional infliction of emotional distress, and slander were properly dismissed or rejected, and that the denial of a post-trial recusal motion was not reviewable due to failure to file a separate notice of appe
• Cannon v. The City & Cnty. OF Denver
  998 F.2d 867· 10th Cir.· 1993-07-12
  The court held that summary judgment was appropriate because the plaintiffs' evidence of a municipal custom or policy was insufficient to create a genuine issue of material fact.
• Bender v. Brumley
  994 F.2d 1151· 5th Cir.· 1993-07-12
  The court held that instructing the jury that a "significant injury" was required to prove a federal excessive force claim under 42 U.S.C. § 1983 was reversible error, as it conflicted with Supreme Court precedent requiring focus on the maliciousness of the force used, not the ex
• Kendall v. Watkins
  998 F.2d 848· 10th Cir.· 1993-07-09
  The court held that the SWPA's refusal to consider employment applications based on its interpretation of a settlement agreement was a legitimate, nondiscriminatory reason under Title VII, and that FTCA claims were jurisdictionally barred due to failure to present a claim for a s
• Raoul Eddie Lilly v. Overnite Transp. Co.
  995 F.2d 521· 4th Cir.· 1993-06-09
  The court held that an employee discharged for refusing to operate a vehicle with unsafe brakes may have a claim for wrongful discharge under West Virginia law, but affirmed summary judgment on the breach of contract claim due to a clear disclaimer.
• Crosthwait Equip. Co., Inc. v. John Deere Co.
  992 F.2d 525· 5th Cir.· 1993-06-04
  The court held that the district court correctly granted judgment as a matter of law for the defendant on the plaintiffs' claims, but erred in denying judgment as a matter of law on the defendant's counterclaim for damages.
• Guar. Nat'l Ins. Co. v. Int'l Ins. Co.
  994 F.2d 1280· 7th Cir.· 1993-06-03
  The court held that the insurance policy covered claims for intentional interference with economic relationships and invasion of privacy, but not civil rights violations or punitive damages arising from those violations.
• Woods v. Rhodes
  994 F.2d 494· 8th Cir.· 1993-06-01
  The court held that the district court's denial of summary judgment was clearly sustained by the record, and therefore, the dissent respectfully disagrees with the majority's decision.
• Erwin J. Spence, Jr. v. Md. Cas. Co.
  995 F.2d 1147· 2d Cir.· 1993-05-26
  The court held that the plaintiff failed to establish a triable issue of fact regarding a constructive discharge, which is a necessary element for an ADEA claim.
• Cottrell v. Kaysville City
  994 F.2d 730· 10th Cir.· 1993-05-18
  The court held that genuine disputes of material fact existed regarding both the plaintiff's wrongful arrest and the legality of the strip search, making summary judgment inappropriate.
• Octavia O. Harriston v. Chicago Tribune Co.
  992 F.2d 697· 7th Cir.· 1993-04-29
  The court should not have affirmed the dismissal of the intentional infliction of emotional distress claim because the alleged wiretapping, if proven, could constitute extreme and outrageous conduct.
• Odima v. Westin Tucson Hotel Co.
  991 F.2d 595· 9th Cir.· 1993-04-19
  A district court's finding of one pretextual reason does not automatically invalidate other reasons, but the court must still make specific findings of fact.
• Chance v. Rice Univ. & Alan Grob
  989 F.2d 179· 5th Cir.· 1993-04-12
  The court held that Dr. Chance could not prevail on her Title IX claim under the disparate impact standard, thus denying her petition for rehearing.
• Richards v. Gen. Motors Corp.
  991 F.2d 1227· 6th Cir.· 1993-04-05
  The court held that plaintiff's state law claims for wrongful discharge and intentional infliction of emotional distress were properly dismissed as he was an at-will employee, but his ERISA claims for breach of fiduciary duty and retaliatory discharge should not have been dismiss
• Censullo v. Brenka Video, Inc.
  989 F.2d 40· 1st Cir.· 1993-03-29
  The court held that the jury could reasonably find that the employee became an at-will employee after his initial termination, making his subsequent termination potentially wrongful. The court also held that the employer was not vicariously liable for the supervisor's intentional
• Curtiss L. Cook v. CSX Transp. Corp.
  988 F.2d 507· 4th Cir.· 1993-03-19
  An employee attempting to prove racially disparate discipline under Title VII must consider the entire range of disciplinary actions for similar misconduct, not just a single instance of less severe treatment of a non-protected employee.
• Rhea Dawn Jones v. NEW York Life & Annuity Corp.
  985 F.2d 503· 10th Cir.· 1993-02-10
  An insured has a duty to read their insurance application before signing, and is bound by its contents, including misrepresentations made by the agent, unless specific exceptions apply. The insurer must prove statutory grounds for rescission.
• Robbins v. City OF Miami Beach
  613 So. 2d 580· Fla. 3d DCA· 1993-02-09
  Robbins sued Miami Beach for false arrest, false imprisonment, and intentional infliction of emotional distress, alleging post-1982 harassment in retaliation for a 1979 complaint. The trial court excluded evidence of the 1979 incident as barred by the statute of limitations and r
• Santiago-Ramirez v. Sec'y OF the Dep't OF Def.
  984 F.2d 16· 1st Cir.· 1993-01-27
  The court held that the appellant's letter provided sufficient notice of her potential tort claim for emotional distress, and the claim is not barred by the FTCA's intentional tort exception.
• Gregoria Rosa v. Allstate Ins. Co.
  981 F.2d 669· 2d Cir.· 1992-12-23
  A suit brought by an injured passenger against an automobile insurer for benefits under a no-fault policy is not a "direct action" within the meaning of 28 U.S.C. § 1332(c)(1), and therefore the proviso does not defeat diversity jurisdiction.
• In re Grand Jury Proceedings: Victor Krynicki v. Falk
  983 F.2d 74· 7th Cir.· 1992-12-08
  Courts should not seal entire appellate briefs absent compelling justification, as judicial proceedings are presumptively open to the public.
• Searcy v. Auerbach
  980 F.2d 609· 9th Cir.· 1992-12-04
  A defendant is not entitled to statutory immunity for reporting child abuse if they fail to follow the reporting procedures outlined in the statute and disclose information to unauthorized individuals.
• Cash v. Jefferson Assocs., Inc.
  978 F.2d 217· 5th Cir.· 1992-12-02
  The court held that the appellant's pleading sufficiently indicated a claim for willful discrimination under the ADEA, thus invoking the three-year statute of limitations and precluding dismissal.
• Susanne Littlefield v. McGUFFEY
  979 F.2d 101· 7th Cir.· 1992-11-05
  An insurer is obligated to pay attorney's fees and costs under its policy if it defended the insured, and attorney's fees are considered costs under applicable statutes or contracts.
• Crane v. THE Ariz. Republic
  972 F.2d 1511· 9th Cir.· 1992-08-21
  The court allows the libel case to proceed because the newspaper's conduct was egregious, despite the general protection afforded to the press under the First Amendment.
• DOE v. DOE
  973 F.2d 237· 4th Cir.· 1992-08-10
  The court held that North Carolina's statute of limitations and period of repose bar the plaintiff's claims for intentional and negligent infliction of emotional distress, and that the district court did not err in applying North Carolina law or in treating the motion as one to d
• Hicks v. Resolution Tr. Corp. for Clyde Fed. Sav. & Loan Ass'n
  970 F.2d 378· 7th Cir.· 1992-08-07
  An employee cannot maintain a retaliatory discharge action under Illinois law for reporting violations of the Federal Community Reinvestment Act, as the Act does not articulate a clearly mandated public policy of Illinois.
• Wayne Cnty. Neighborhood Legal Servs. v. Nat'l Union Fire Ins. Co.
  971 F.2d 1· 6th Cir.· 1992-08-04
  The court held that the directors and officers liability insurance policy covers allegations of wrongdoing, not requiring a formal finding of liability against an officer or director to trigger coverage.
• First Nat'l Bank & Tr. Co. OF Williston v. ST. Paul Fire & Marine Ins. Co.
  971 F.2d 142· 8th Cir.· 1992-07-30
  The court held that the policy covers damages resulting from an intentional act if the resulting bodily injury or property damage was not expected or intended by the policyholder.
• Katzer v. Baldor Elec. Co.
  969 F.2d 935· 10th Cir.· 1992-07-13
  The court held that the district court erred in granting summary judgment on the wrongful discharge claim based on public policy, but correctly granted summary judgment on the intentional infliction of emotional distress and statutory discrimination claims.
• Johnson v. Merrell DOW Pharms., Inc.
  965 F.2d 31· 5th Cir.· 1992-07-10
  The court held that the employer's conduct, even when viewed in the light most favorable to the employee, did not rise to the level of extreme and outrageous conduct required for an intentional infliction of emotional distress claim under Texas law.
• Milan Chonich v. Wayne Cnty. Cmty. Coll.
  973 F.2d 1271· 6th Cir.· 1992-06-09
  The court held that it was plain and prejudicial error to require plaintiffs to prove proximate cause for nominal damages in a malicious libel case, and that the prior remand necessitated further consideration of whether a new trial on § 1983 liability was required due to Monell
• Richardson v. Kruchko & Fries
  966 F.2d 153· 4th Cir.· 1992-05-28
  State-law tort claims against a law firm for advising an employer on labor matters are preempted by the National Labor Relations Act (NLRA) if the conduct at issue is arguably prohibited or protected by the NLRA.
• Selland v. United States
  966 F.2d 346· 8th Cir.· 1992-05-26
  The court held that the plaintiff's claims were not actionable under the FTCA or as a constitutional claim, and the district court lacked jurisdiction over the emotional distress claim.
• Stern v. Espirito Santo Bank of Fla.
  1992 U.S. Dist. LEXIS 7989· S.D. Fla.· 1992-05-11
  The court held that the Equal Credit Opportunity Act (ECOA) imposes an affirmative obligation on creditors to reevaluate the need for an additional party's guaranty upon renewal of a credit obligation, and that a failure to do so without discrimination can give the additional par
• Taiwo Okusami, M.D. v. Psychiatric Inst. OF Wash., Inc.
  959 F.2d 1062· D.C. Cir.· 1992-03-31
  The court held that antitrust and intentional infliction of emotional distress claims were properly dismissed, but negligence and tortious interference claims were adequately pled and should proceed.