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

• Patterson v. McLEAN Credit Union
  805 F.2d 1143· 4th Cir.· 1986-11-25 ·cited 26×
  Racial harassment claims are not cognizable under 42 U.S.C. § 1981, and the evidence was insufficient to support a claim for intentional infliction of emotional distress under North Carolina law.
• Ricci v. KEY Bancshares OF Me., Inc.
  768 F.2d 456· 1st Cir.· 1985-07-24 ·cited 26×
  FBI agents are absolutely immune from liability for common-law claims arising from their discretionary actions, even if those actions were negligent or malicious, as long as they were within the outer perimeter of their duties.
• Martin v. Citibank, N.A.
  762 F.2d 212· 2d Cir.· 1985-05-15 ·cited 26×
  The court held that there was insufficient evidence as a matter of law to demonstrate discrimination under § 1981 or Title VII, or to constitute intentional infliction of emotional distress under New York law, and that the working conditions did not legally suffice to establish c
• Hingson v. Pac. Sw. Airlines
  743 F.2d 1408· 9th Cir.· 1984-10-02 ·cited 26×
  The district court erred in excluding expert testimony regarding airline policy, requiring a new trial on claims under 49 U.S.C. § 1374(b), but correctly granted directed verdicts on other claims.
• Taylor v. Gilmartin
  686 F.2d 1346· 10th Cir.· 1982-07-30 ·cited 26×
  The court held that the trial court erred in directing verdicts on the false imprisonment and intentional infliction of emotional distress claims, but affirmed the dismissal of the § 1983 claim for lack of state action.
• Davis v. SUN First Nat'l Bank OF Orlando
  408 So. 2d 608· Fla. 5th DCA· 1981-12-09 ·cited 26×
  An employee cannot maintain a common law negligence action against an employer for mental distress from a robbery if the injury is compensable under the Workers' Compensation Act, nor if it is not compensable due to the lack of physical impact.
• Chira v. Lockheed Aircraft Corp.
  634 F.2d 664· 2d Cir.· 1980-10-14 ·cited 26×
  A district court's dismissal of a case for failure to prosecute or comply with court orders is reversible only for an abuse of discretion.
• Valdes v. GAB Robins N. Am., Inc.
  924 So. 2d 862· Fla. 3d DCA· 2006-02-22 ·cited 25×
  Jose Valdes and his wife appealed the dismissal of their complaint against workers' compensation carriers and adjusters who had investigated Valdes for insurance fraud, resulting in his arrest and termination of benefits. The court affirmed the dismissal, holding that the complai
• Vivienne Clemente and Jose Louis Herrada v. Horne
  707 So. 2d 865· Fla. 3d DCA· 1998-03-04 ·cited 25×
  Former tenants appealed the dismissal of their intentional infliction of emotional distress claim arising from constructive eviction due to landlords' failure to maintain rental property in compliance with fire safety and health laws. The court affirmed the dismissal, holding tha
• Andujar v. Nat'l Prop. & Cas. Underwriters
  659 So. 2d 1214· Fla. 4th DCA· 1995-08-23 ·cited 25×
  A federal court's dismissal of a Title VII claim does not have res judicata effect on a separate claim under the Florida Human Rights Act, as they arise under the laws of different sovereigns.
• Marshall v. Allen
  984 F.2d 787· 7th Cir.· 1993-01-22 ·cited 25×
  The court held that the defendants are not entitled to qualified immunity on the First Amendment free speech claim because the law was clearly established that speech concerning sex discrimination in a public agency is a matter of public concern, and the form and context of Marsh
• Rivera v. United States
  928 F.2d 592· 2d Cir.· 1991-03-21 ·cited 25×
  The appellate court reviewed a trial court's ruling on whether detectives acted outside their territorial jurisdiction when intercepting telephone conversations, with the dissenting judge arguing the trial court erred.
• Lashley v. Bowman
  561 So. 2d 406· Fla. 5th DCA· 1990-05-10 ·cited 25×
  Lashley appeals summary judgment dismissing her tort claims against Bowman, a restaurant owner, for malicious prosecution, intentional infliction of emotional distress, and slander arising from her arrest after refusing to pay for an allegedly inedible lobster dish. The appellate
• Tex. Emp'rs' Ins. Ass'n v. Jackson
  862 F.2d 491· 5th Cir.· 1988-12-13 ·cited 25×
  The court is obligated to follow the current statute, even if it is inadequate.
• Survival Sys. Div. OF the Whittaker Corp. v. United States Dist. Court FOR the S. Dist. OF Cal.
  825 F.2d 1416· 9th Cir.· 1987-08-27 ·cited 25×
  The court held that a district court's remand order, which determined a state law claim was not preempted by federal law, is reviewable by writ of mandamus, but the writ should be denied if the district court's decision was legally correct.
• Scutieri v. Duriel "Budd" Paige and Alcides Marquez
  808 F.2d 785· 11th Cir.· 1987-01-26 ·cited 25×
  The court held that the district court erred in granting a directed verdict for Marquez and in denying the plaintiffs' claim for punitive damages, but did not err in denying Paige's motion for a new trial based on newly discovered evidence.
• McLAUGHLIN v. Bradlee
  803 F.2d 1197· D.C. Cir.· 1986-10-21 ·cited 25×
  Prior judgments preclude relitigation of all matters not already conceded by the appellant, and sanctions were properly imposed for pursuing this litigation.
• Carter v. Dist. OF Columbia
  795 F.2d 116· D.C. Cir.· 1986-07-03 ·cited 25×
  The court held that the trial judge erred in allowing extensive introduction of allegations of prior police misconduct, necessitating a new trial on claims submitted to the jury. The court also affirmed the directed verdict for the municipality on the constitutional tort claim.
• Catania v. E. Airlines, Inc.
  381 So. 2d 265· Fla. 3d DCA· 1980-02-19 ·cited 25×
  Four former Eastern Airlines employees appealed the dismissal of their wrongful discharge complaints, seeking to establish new grounds for liability beyond traditional at-will employment doctrine. The Florida appellate court affirmed the trial court's dismissal, declining to exte
• Shohrie Shojaie v. Gables Court Prof'l Ctr., Inc.
  974 So. 2d 1140· Fla. 3d DCA· 2008-02-13 ·cited 24×
  Shojaie appealed a trial court order granting a new trial after a jury verdict in her favor, finding the verdict contrary to the manifest weight of the evidence. The appellate court affirmed the trial court's decision, but only because the appellant failed to provide an adequate
• Reed L. Guthrie v. Tifco Indus.
  941 F.2d 374· 5th Cir.· 1991-09-13 ·cited 24×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding pretext in his age discrimination claim and that his state law claims were properly dismissed.
• ROE v. Operation Rescue
  919 F.2d 857· 3d Cir.· 1990-11-26 ·cited 24×
  The court affirmed the permanent injunction based on state-law claims and reversed the dismissal of certain plaintiffs for lack of standing, finding they had established a real and immediate threat of future injury.
• Kline v. Publix Supermarkets, Inc.
  568 So. 2d 929· Fla. 2d DCA· 1990-05-09 ·cited 24×
  Virginia Kline appealed a summary judgment in her favor against Publix for intentional infliction of emotional distress and discrimination, while Publix cross-appealed seeking attorney's fees and costs under Florida's offer of judgment statute. The court affirmed the summary judg
• Kraus v. Consol. Rail Corp.
  899 F.2d 1360· 3d Cir.· 1990-04-06 ·cited 24×
  The court held that the 'unique circumstances' exception does not apply to excuse an untimely notice of appeal when the attorney's failure to file a timely motion for reconsideration was due to miscalculation of time limits and failure to update address, rather than solely relian
• Williams v. Guzzardi
  875 F.2d 46· 3d Cir.· 1989-05-15 ·cited 24×
  Pennsylvania law recognizes the tort of intentional infliction of severe emotional distress, and the evidence presented was sufficient to support the jury's verdict for the plaintiff.
• Raphael Gregorian v. Izvestia
  871 F.2d 1515· 9th Cir.· 1989-04-12 ·cited 24×
  The court held that the district court erred in denying the motion to set aside the default judgment on contract claims due to a mischaracterization of the defendants' conduct as 'culpable'.
• McMASTER v. Cabinet FOR Human Resources
  824 F.2d 518· 6th Cir.· 1987-07-29 ·cited 24×
  The court affirmed the district court's judgment, holding that the plaintiffs' claims were barred by the statute of limitations and/or claim preclusion.
• Blanche A. David v. United States
  820 F.2d 1038· 9th Cir.· 1987-06-23 ·cited 24×
  The court held that a federal employee's claims for violation of First Amendment rights and intentional infliction of emotional distress are preempted by the Civil Service Reform Act (CSRA), and that a claim under 42 U.S.C. § 1985(2) requires a showing of injury. The court also h
• Worldwide Church OF GOD v. McNAIR
  805 F.2d 888· 9th Cir.· 1986-12-05 ·cited 24×
  The district court lacked subject matter jurisdiction because the plaintiffs' claims were inextricably intertwined with the state court's judgment, requiring review of that decision.
• A & E Supply Co., Inc. v. Nationwide Mut. Fire Ins. Co.
  798 F.2d 669· 4th Cir.· 1986-08-15 ·cited 24×
  The court held that Virginia law does not recognize a tort for bad faith refusal to honor a first-party insurance obligation or an implied private right of action under the state's unfair insurance practices statute, and that the insured failed to prove fraud or conversion as ind
• Darcia M. Fleury v. Harper & ROW
  698 F.2d 1022· 9th Cir.· 1983-02-09 ·cited 24×
  The court held that the cause of action for libel and invasion of privacy accrued on the date of the book's first general distribution to the public, not upon the author's selected publication date or when the plaintiff discovered the defamation.
• Gross v. United States
  676 F.2d 295· 8th Cir.· 1982-04-23 ·cited 24×
  The dissenting judge believes the "intentional torts" exception to the Federal Tort Claims Act bars the plaintiff's recovery because the underlying acts complained of fall within the statutory exceptions.
• Malt v. Simmons
  405 So. 2d 1018· Fla. 4th DCA· 1981-10-21 ·cited 24×
  The Fourth District Court of Appeal reviewed a trial court's denial of a protective order against certain interrogatories in a dispute involving collection practices and emotional distress claims. The court granted the petition for writ of certiorari, finding the interrogatories
• Alexander v. Unification Church OF Am.
  634 F.2d 673· 2d Cir.· 1980-11-03 ·cited 24×
  The court held that the dismissal of the maintenance count (reinterpreted as abuse of process) and the intentional infliction of emotional distress count was erroneous, and that the federal civil rights claims were properly dismissed.
• Borden v. The Paul Revere Life Ins. Co.
  935 F.2d 370· 1st Cir.· 1991-05-30 ·cited 23×
  The court held that the district court did not err in voiding the insurance policies due to material misrepresentations, and that the jury's findings on fraud, bad faith, and breach of contract were supportable.
• Cruz v. Savage
  896 F.2d 626· 1st Cir.· 1990-02-20 ·cited 23×
  The court affirmed the district court's imposition of sanctions against plaintiffs' counsel under Rule 11 and 28 U.S.C. § 1927, finding the conduct to be an abuse of discretion.
• Forsythe v. Saudi Arabian Airlines Corp.
  885 F.2d 285· 5th Cir.· 1989-10-10 ·cited 23×
  The court held that while the district court did not abuse its discretion in dismissing the case on forum non conveniens grounds, the dismissal should be without prejudice and conditioned on the defendant submitting to Saudi Arabian jurisdiction.
• Hyles v. Mensing
  849 F.2d 1213· 9th Cir.· 1988-06-17 ·cited 23×
  State law tort claims are preempted by Section 301 of the LMRA if they are substantially dependent on or inextricably intertwined with the terms of a collective bargaining agreement.
• Metz v. United States
  788 F.2d 1528· 11th Cir.· 1986-05-13 ·cited 23×
  The court held that claims arising out of intentional torts listed in 28 U.S.C. § 2680(h) are barred under the FTCA, even if framed as other torts, if the underlying conduct falls within the statutory exceptions.
• Carter v. Smith Food King
  765 F.2d 916· 9th Cir.· 1985-07-11 ·cited 23×
  The court held that a plaintiff's claim for breach of a collective bargaining agreement was not time-barred under the six-month federal statute of limitations and that a statutory discrimination claim against an employer should not have been dismissed for failure to exhaust admin
• Green v. Cottrell
  204 So. 3d 22· Fla.· 2016-11-10 ·cited 22×
  Eric Green, a jail inmate, sued Santa Rosa County Jail employees for negligence after being attacked by other inmates despite reporting threats and requesting protective custody. The Florida Supreme Court held that the four-year statute of limitations in section 768.28(14) govern
• Hernandez v. Tallahassee Med. Ctr., Inc.
  896 So. 2d 839· Fla. 1st DCA· 2005-02-23 ·cited 22×
  Tracey Hernandez, a surgical nurse with epilepsy, sued her employer Tallahassee Medical Center for negligence and intentional infliction of emotional distress after suffering a seizure while driving to work at the employer's insistence. The court affirmed dismissal of both counts
• Stires v. Carnival Corp.
  243 F. Supp. 2d 1313· M.D. Fla.· 2002-11-21 ·cited 22×
  The court held that while some claims were dismissed without prejudice, allowing amendment, others were dismissed with prejudice, and punitive damages and attorney's fees were not recoverable under maritime law as pleaded.
• Rosen v. Fla. Ins. Guar. Ass'n
  802 So. 2d 291· Fla.· 2001-09-20 ·cited 22×
  The Florida Supreme Court held that a settlement agreement between an injured party and an insured law firm constituted a covenant not to execute rather than a release, allowing the injured party to pursue a separate coverage dispute action against the Florida Insurance Guaranty
• Gandy v. Trans World Computer Tech. Grp. & Brian Metz
  787 So. 2d 116· Fla. 2d DCA· 2001-04-20 ·cited 22×
  Gandy appealed the dismissal of his amended complaint against his former employers for fraud and other torts. The court reversed the dismissal of his common-law fraud claim and punitive damages claim, finding that Gandy had adequately pleaded facts supporting fraud based on a pro
• Mizrahi v. N. Miami Med. Ctr., Ltd.
  761 So. 2d 1040· Fla.· 2000-04-20 ·cited 22×
  Section 768.21(8) of Florida's Wrongful Death Act does not violate equal protection guarantees by precluding adult children from recovering nonpecuniary damages in medical malpractice cases while permitting such recovery in other negligence cases, because the distinction is ratio
• Ayers v. Wal-Mart Stores, Inc.
  941 F. Supp. 1163· M.D. Fla.· 1996-07-29 ·cited 22×
  The court granted summary judgment for Wal-Mart on the Florida Civil Rights Act claim, intentional infliction of emotional distress, respondeat superior liability, and punitive damages, finding the plaintiff failed to meet statutory requirements or sufficiently allege actionable
• Terminix Int'l Co., L.P. v. Horst Michaels and Renate Michaels
  668 So. 2d 1013· Fla. 4th DCA· 1996-02-07 ·cited 22×
  Terminix sought to compel arbitration of personal injury claims arising from pesticide application at the Michaels' home under an arbitration clause in the termite protection plan contract. The court affirmed the trial court's denial of the motion, holding that personal injury cl
• Portland Feminist Women's Health Ctr. v. Advocates FOR Life, Inc.
  859 F.2d 681· 9th Cir.· 1988-10-06 ·cited 22×
  The court held that the preliminary injunction was not impermissibly vague and did not abridge protected First Amendment rights, though it modified the noise provisions to require substantial interference.
• Zamboni v. Stamler
  847 F.2d 73· 3d Cir.· 1988-05-17 ·cited 22×
  The court held that the plaintiff's speech regarding the prosecutor's reorganization plan was on a matter of public concern, but remanded for a determination of whether the speech caused actual disruption justifying the retaliatory actions. The court also affirmed dismissal of th