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

• Yeksigian v. Nappi
  900 F.2d 101· 7th Cir.· 1990-04-16 ·cited 32×
  The court held that the complaint sufficiently alleged actions taken under color of state law and that a single decision by a final policymaker could establish municipal liability under § 1983.
• Anne M. Hart v. United States
  894 F.2d 1539· 11th Cir.· 1990-03-01 ·cited 32×
  The court held that the government's actions in identifying deceased servicemen fall under the FTCA's discretionary function exception, and thus the district court lacked jurisdiction. The court also found that the government's conduct did not meet the standards for intentional i
• Perez v. Ortiz
  849 F.2d 793· 2d Cir.· 1988-06-27 ·cited 32×
  The court held that the district court abused its discretion by sua sponte dismissing pendent state law claims and official capacity claims without notice or an opportunity to be heard, and without proper Rule 54(b) certification.
• Goddard v. Urrea
  847 F.2d 765· 11th Cir.· 1988-06-20 ·cited 32×
  The denial of qualified immunity is immediately appealable if it turns on an issue of law, even if factual disputes remain, because qualified immunity provides an immunity from suit.
• Truex v. Garrett Freightlines, Inc.
  784 F.2d 1347· 9th Cir.· 1985-11-12 ·cited 32×
  State tort claims are preempted by federal labor law if substantially dependent on the collective bargaining agreement, and failure to exhaust grievance procedures bars section 301 claims.
• The City OF Hialeah v. Rehm
  455 So. 2d 458· Fla. 3d DCA· 1984-08-07 ·cited 32×
  The City of Hialeah and its police officers appealed a directed verdict judgment awarding $25,000 to Stephen Rehm for false arrest and false imprisonment. The court reversed, holding that the trial court erred in directing a verdict on liability because reasonable jurors could di
• Clare R. Bruffett v. Warner Commc'ns, Inc.
  692 F.2d 910· 3d Cir.· 1982-11-08 ·cited 32×
  The dissenting judge believes the court should recognize a cause of action for termination of at-will employment violating public policy against discrimination based on handicap.
• Abeid-Saba v. Carnival Corp.
  184 So. 3d 593· Fla. 3d DCA· 2016-01-27 ·cited 31×
  Passengers from the Costa Concordia cruise ship disaster sued Carnival Corporation and related entities in Florida state court after the ship ran aground in Italian waters on January 13, 2012. The court applied the forum non conveniens doctrine to evaluate whether the cases shoul
• Osanna S. Carmona and Nelson L. Carmona v. Wal-Mart Stores
  81 So. 3d 461· Fla. 2d DCA· 2011-11-18 ·cited 31×
  The Carmonas appealed the denial of their motion for relief from judgment following summary judgment in Wal-Mart's favor in their civil suit arising from Mrs. Carmona's arrest for shoplifting. They claimed they were denied procedural due process at the summary judgment hearing be
• Kaplan v. Kimball Hill Homes Fla., Inc.
  915 So. 2d 755· Fla. 2d DCA· 2005-12-09 ·cited 31×
  The court addressed whether claims arising from a residential construction contract—fraud, fraudulent inducement, and intentional infliction of emotional distress—are subject to arbitration under a broad arbitration clause. The court held that all three tort claims fall within th
• Williams v. Worldwide Flight SVCS. Inc.
  877 So. 2d 869· Fla. 3d DCA· 2004-07-14 ·cited 31×
  The court held that the alleged conduct, while reprehensible, did not rise to the level of extreme and outrageous conduct required to support a claim for intentional infliction of emotional distress under Florida law.
• Huntley Johnson v. Thigpen
  788 So. 2d 410· Fla. 1st DCA· 2001-07-09 ·cited 31×
  An attorney (Johnson) appealed a jury verdict finding him liable for assault, battery, false imprisonment, and intentional infliction of emotional distress against his former employee (Thigpen) based on a pattern of sexual harassment in the workplace. The appellate court affirmed
• Garnett Overby v. Chevron USA, Inc.
  884 F.2d 470· 9th Cir.· 1989-09-01 ·cited 31×
  The court held that a retaliatory discharge claim is not actionable under 42 U.S.C. § 1981, and state law claims are not preempted by § 301 of the LMRA if the collective bargaining agreement has expired.
• Habelow v. Travelers Ins. Co.
  389 So. 2d 218· Fla. 5th DCA· 1980-09-17 ·cited 31×
  The court held that the dismissal of the intentional infliction of emotional distress claim (Count Two) and its derivative loss of consortium claim (Count Three) was proper, but the dismissal of the wife's loss of consortium claim (Count Four) based on the husband's injuries shou
• MacDONALD v. The Penn Mut. Life Ins. Co.
  276 So. 2d 232· Fla. 2d DCA· 1973-04-18 ·cited 30×
  The court held that the conversion privilege in the group insurance policy did not extend to major medical coverage, and that damages for emotional distress and punitive damages are not recoverable for a simple breach of contract in Florida.
• Sylvan Plowright v. Miami Dade Cnty.
  102 F.4th 1358· 11th Cir.· 2024-06-05 ·cited 29×
  The use of deadly force against a domestic animal constitutes a seizure of its owner's property subject to the Fourth Amendment's reasonableness requirement, and an officer is not entitled to qualified immunity if the animal posed no imminent danger.
• Walters v. Kirby Blankenship
  931 So. 2d 137· Fla. 5th DCA· 2006-04-28 ·cited 29×
  The Walters appealed the dismissal of their complaint against neighboring condominium unit owners for tortious interference with prospective business advantage and civil conspiracy. The court held that the complaint stated viable causes of action where defendants allegedly posted
• Mary Ann Reid (No. 84-1189) v. Sears
  790 F.2d 453· 6th Cir.· 1986-04-28 ·cited 29×
  The court did not explicitly state a holding in this concurring/dissenting opinion, but the author believes the lower court erred in summarily rejecting the plaintiff's claim.
• Richards v. Mileski
  662 F.2d 65· D.C. Cir.· 1981-08-21 ·cited 29×
  The court held that the statute of limitations may be tolled due to fraudulent concealment, and the issue of due diligence cannot be decided on a motion to dismiss.
• Deauville Hotel Mgmt., LLC v. Kemesia Boota Ward and Patrick James Ward
  219 So. 3d 949· Fla. 3d DCA· 2017-05-31 ·cited 28×
  The Wards contracted with Deauville Hotel for their wedding reception in the Richelieu ballroom, but the city red-tagged the ballrooms nine days before the wedding. The hotel moved the reception to its lobby without adequate notice, ruining the event. The court affirmed the breac
• Vrasic v. Lome Leibel
  106 So. 3d 485· Fla. 4th DCA· 2013-01-09 ·cited 28×
  Michelle Vrasic appealed a temporary injunction granted to Lome Leibel that prohibited her from using his name in commercial contexts and publishing her book containing references to him. The Fourth District Court of Appeal affirmed the 'no contact' provision but reversed the spe
• Inservices, Inc. v. Rodrigo Aguilera
  837 So. 2d 464· Fla. 3d DCA· 2002-12-26 ·cited 28×
  In this workers' compensation immunity case, the Third District Court of Appeal reversed the trial court's denial of defendants' motion to dismiss and held that a workers' compensation carrier and case manager are immune from tort liability for alleged misconduct in handling a cl
• Rubio v. State Farm Fire & Cas. Co. & Michele Vincent-Belizaire
  662 So. 2d 956· Fla. 3d DCA· 1995-08-16 ·cited 28×
  The Third District Court of Appeal reversed a trial court's dismissal with prejudice of an amended complaint alleging breach of insurance contract, intentional infliction of emotional distress, and tortious failure to pay. The court held that insureds must be afforded the opportu
• State Farm Mut. Auto. Ins. Co. v. Novotny
  657 So. 2d 1210· Fla. 5th DCA· 1995-06-23 ·cited 28×
  State Farm appeals a jury verdict awarding Novotny $100,000 in compensatory and $400,000 in punitive damages (reduced by the trial court to $25,000 and $75,000) for intentional infliction of emotional distress and fraudulent misrepresentation arising from her forced resignation a
• Stackhouse v. Emerson
  611 So. 2d 1365· Fla. 5th DCA· 1993-01-22 ·cited 28×
  The court held that the claims alleged in the amended complaint do not fall within the medical malpractice statute of limitations because they involve independent intentional torts, not negligence arising from medical treatment.
• Ford v. Rowland
  562 So. 2d 731· Fla. 5th DCA· 1990-05-03 ·cited 28×
  Sue Ford, an incumbent Port Commissioner, appealed dismissals of her libel and defamation claims arising from a defamatory poem circulated after a contested Port Authority election. The court affirmed the sovereign immunity dismissal of claims against the Port Authority but rever
• Reilly v. Blue Cross AND Blue Shield United OF Wisconsin
  846 F.2d 416· 7th Cir.· 1988-05-05 ·cited 28×
  The court held that the denial of benefits was a reasonable interpretation of the plan, and therefore the case should be affirmed.
• Scott v. MacHinists Auto. Trades Dist. Lodge NO. 190 OF N. Cal.
  827 F.2d 589· 9th Cir.· 1987-09-08 ·cited 28×
  The court held that the district court's remand order of state law claims was not reviewable on appeal because it was based on a jurisdictional decision, even if erroneous.
• Stamatina Stallcop v. Kaiser Found. Hosps.
  820 F.2d 1044· 9th Cir.· 1987-06-23 ·cited 28×
  State law claims arising from a collective bargaining agreement are preempted by Section 301 of the LMRA and are subject to a six-month statute of limitations, and equitable modification is not warranted without evidence of excusable ignorance or deceptive conduct.
• Slaughter v. Allstate Ins. Co.
  803 F.2d 857· 5th Cir.· 1986-11-03 ·cited 28×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine dispute of material fact regarding his age discrimination claim or his state law claims, and that the appeal of the preliminary injunction was untimely.
• Parks v. Zitnik
  453 So. 2d 434· Fla. 2d DCA· 1984-06-29 ·cited 28×
  Parks appealed a judgment awarding Zitnik damages and sole title to real property acquired during their personal relationship. The court reversed because the trial judge improperly allowed extensive questioning about Parks' criminal history, including convictions unrelated to cre
• OLD Republic Ins. Co. v. The Honorable Lewis B. Whitworth
  442 So. 2d 1078· Fla. 3d DCA· 1983-12-20 ·cited 28×
  Old Republic Insurance Company petitioned for a writ of prohibition to prevent a circuit court from exercising jurisdiction over a workers' compensation claimant's suit for damages based on the carrier's alleged bad faith delay in making benefit payments. The Florida District Cou
• Avins v. White
  627 F.2d 637· 3d Cir.· 1980-06-30 ·cited 28×
  The court held that two of the three defamation claims should not have been submitted to the jury as they were non-actionable opinions or lacked defamatory implication, and reversed the jury's general verdict due to the possibility it rested on those unsupported claims.
• Dowling v. Blue Cross OF Fla., Inc.
  338 So. 2d 88· Fla. 1st DCA· 1976-10-13 ·cited 28×
  Appellants challenged their dismissal from employment based on false accusations of misconduct in the workplace. The court affirmed dismissal of their intentional infliction of emotional distress claim, holding that the alleged conduct, while wrongful, did not meet the high thres
• Stevens v. Horne
  325 So. 2d 459· Fla. 4th DCA· 1975-12-12 ·cited 28×
  An insurance company disclaimed coverage for a union and its members sued for tortious conduct during a strike, including hanging an effigy of a non-union employee at his home. The court held that the insurer had a duty to defend the union under an alternate vicarious liability t
• In re Amoco Petroleum Additives Co. & Buck Isbell
  964 F.2d 706· 7th Cir.· 1992-05-21 ·cited 27×
  The court held that while mandamus is the proper avenue for reviewing remand orders not covered by 28 U.S.C. § 1447(d), it would not issue a writ when the district court's remand was based on a clear procedural defect in removal, and the underlying issues were not so clear as to
• Igor Lifshitz v. Walter Drake & Sons, Inc.
  806 F.2d 1426· 9th Cir.· 1986-12-30 ·cited 27×
  The court affirmed the district court's denial of Etna's motion for judgment notwithstanding the verdict on the unfair competition claim and its denial of Etna's motion for a new trial, and affirmed the district court's entry of judgment notwithstanding the verdict on Lifshitz's
• Jehan Zeb MIR v. Fosburg
  646 F.2d 342· 9th Cir.· 1980-01-22 ·cited 27×
  A district court has subject matter jurisdiction over an action removed under 28 U.S.C. § 1442a, even if the action could not have been originally brought in federal court. Federal executive officers may be entitled to absolute immunity from state-law tort actions.
• Concerned Citizens FOR Jud. Fairness, Inc. v. Yacucci
  162 So. 3d 68· Fla. 4th DCA· 2014-09-03 ·cited 26×
  A Florida appellate court reversed a temporary injunction prohibiting an electioneering organization from publishing information about a judicial candidate during a political campaign, holding that the injunction constituted an unconstitutional prior restraint on First Amendment
• Jordan v. Masters
  821 So. 2d 342· Fla. 4th DCA· 2002-06-19 ·cited 26×
  This appeal addresses whether a jury verdict for an incompetent plaintiff alleging sexual abuse by a reverend should stand, and whether evidentiary errors require a new trial. The court reversed a directed verdict on the breach of fiduciary duty claim against the church defendant
• Vernon v. Med. Mgmt. Assocs. of Margate, Inc.
  912 F. Supp. 1549· S.D. Fla.· 1996-01-16 ·cited 26×
  The court held that individual defendants cannot be sued under Title VII, but claims for battery and intentional infliction of emotional distress against employers and supervisors may proceed under certain circumstances.
• Watson v. Rally Mfg. Corp.
  844 F. Supp. 1533· S.D. Fla.· 1993-09-29 ·cited 26×
  The court held that Title VII claims not explicitly in EEOC charges may proceed if they are reasonably related to the investigation, and that negligent retention claims are not preempted by workers' compensation. However, claims for intentional infliction of emotional distress we
• Floyd v. Laws
  929 F.2d 1390· 9th Cir.· 1991-03-20 ·cited 26×
  The court held that a jury instruction on qualified immunity was not an abuse of discretion, and that a jury's answer to a verdict question, given in violation of explicit instructions, is surplusage and must be disregarded.
• Brown v. Sw. Bell Tel. Co.
  901 F.2d 1250· 5th Cir.· 1990-05-24 ·cited 26×
  A state law claim for intentional infliction of emotional distress arising from an employee's discharge is preempted by Section 301 of the LMRA if it requires interpretation of the collective bargaining agreement.
• Landstrom v. Ill. Dep't OF Child. & Fam. Servs.
  892 F.2d 670· 7th Cir.· 1990-01-09 ·cited 26×
  The court held that the individual defendants were entitled to qualified immunity from the plaintiffs' § 1983 claims because the alleged conduct did not violate clearly established constitutional rights, and the pendent state law claims were properly dismissed.
• Douglas v. Am. Info. Techs. Corp.
  877 F.2d 565· 7th Cir.· 1989-06-14 ·cited 26×
  A state-law claim for intentional infliction of emotional distress is preempted by Section 301 of the LMRA if its resolution requires interpretation of a collective bargaining agreement, and such claims are subject to the agreement's grievance and arbitration procedures.
• Migda Rodriguez-Antuna v. Chase Manhattan Bank Corp.
  871 F.2d 1· 1st Cir.· 1989-03-24 ·cited 26×
  The court held that the plaintiffs' motion to alter or amend the judgment was untimely under Rule 59(e), and even if considered under Rule 60(b), the district court did not abuse its discretion in denying relief.
• Summers v. State Farm Mut. Auto. Ins. Co.
  864 F.2d 700· 10th Cir.· 1988-12-30 ·cited 26×
  The court held that after-acquired evidence of pervasive employee misconduct, even if unknown at the time of discharge, can preclude any relief for the employee in a discrimination claim.
• Willner v. Budig
  848 F.2d 1032· 10th Cir.· 1988-06-01 ·cited 26×
  The court held that collateral estoppel barred the plaintiff's section 1983 claim, and summary judgment was properly granted on other claims, as was the award of attorney fees.
• Wisniewski v. Johns-Manville Corp.
  812 F.2d 81· 3d Cir.· 1987-01-30 ·cited 26×
  The court affirmed the grant of summary judgment, holding that plaintiffs failed to establish genuine issues of material fact for intentional infliction of emotional distress, either from fear of future illness or from observing family members' gradual decline and death.