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

• Muratore v. M/S Scotia Prince
  845 F.2d 347· 1st Cir.· 1988-04-19 ·cited 22×
  A carrier is not liable for punitive damages for the intentional infliction of emotional distress by its employees unless the carrier authorized, ratified, or was aware of the misconduct, or the employees were in managerial positions.
• Daury v. Smith
  842 F.2d 9· 1st Cir.· 1988-03-11 ·cited 22×
  The court held that the school committee's requirement for a psychiatric examination was a reasonable exercise of its duty to ensure student safety, and thus did not violate the plaintiff's constitutional right to privacy. The court also found the retaliation claim was not proper
• Zimmerman v. HBO Affiliate Grp.
  834 F.2d 1163· 3d Cir.· 1987-12-09 ·cited 22×
  The court held that the demand for settlement of potential tort liability did not constitute a 'debt' under the FDCPA, the plaintiff failed to allege injury to 'business or property' for a RICO claim, and there was no actual controversy for declaratory relief under the FCA.
• Light v. Blue Cross & Blue Shield OF Ala., Inc.
  790 F.2d 1247· 5th Cir.· 1986-06-04 ·cited 22×
  The court held that the Employee Retirement Income Security Act of 1974 (ERISA) preempts state law claims against the administrator of a self-insured employee benefit plan. Therefore, the district court's dismissal of the action was affirmed.
• Henson v. Columbus Bank & Tr. Co.
  770 F.2d 1566· 11th Cir.· 1985-09-17 ·cited 22×
  The court held that the district court erred in granting summary judgment for the defendant on the usury claim and should have granted summary judgment for the plaintiff, but properly denied motions to amend the complaint.
• Brown v. Winn-Dixie Montgomery, Inc.
  469 So. 2d 155· Fla. 1st DCA· 1985-05-07 ·cited 22×
  The Florida District Court of Appeal affirmed summary judgment for Winn-Dixie Montgomery, Inc., holding that the exclusive remedy provisions of the Florida Workers' Compensation Act bar the employee's tort claims against her employer for battery and intentional infliction of emot
• Venen v. Honorable Charles C. Sweet
  758 F.2d 117· 3d Cir.· 1985-03-29 ·cited 22×
  A district court is divested of jurisdiction over aspects of a case involved in an appeal, and cannot grant a motion for reconsideration while the appeal is pending, unless specific exceptions apply.
• Santiago v. Victim Servs. Agency of the Metro. Assistance Corp.
  753 F.2d 219· 2d Cir.· 1985-01-11 ·cited 22×
  The district court lacked jurisdiction to award attorney's fees after the plaintiffs filed a notice of dismissal under Fed.R.Civ.P. 41(a)(1)(i) before the defendants filed an answer or summary judgment motion.
• Buscemi v. McDONNELL Douglas Corp.
  736 F.2d 1348· 9th Cir.· 1984-07-06 ·cited 22×
  A union employee's claims for wrongful termination and intentional infliction of emotional distress arising from discharge are preempted by federal labor law and are subject to specific statutes of limitations.
• Hamilton v. The City OF Overland Park
  730 F.2d 613· 10th Cir.· 1984-03-30 ·cited 22×
  The court held that the two-year Kansas statute of limitations for injury to the rights of another applies to 42 U.S.C. § 1983 claims, making Hamilton's suit timely.
• Jordan v. Medley
  711 F.2d 211· D.C. Cir.· 1983-06-14 ·cited 22×
  The court held that the trial court erred in instructing the jury that Larry Medley was acting within the scope of his employment, and in admitting evidence of Larry Medley's criminal charges. The court also found insufficient evidence for punitive damages against Mrs. Medley.
• Patterson v. Downtown Med. & Diagnostic Ctr., Inc.
  866 F. Supp. 1379· M.D. Fla.· 1994-10-25 ·cited 21×
  The court held that the plaintiff failed to state claims for false imprisonment, defamation, intentional infliction of emotional distress, and misrepresentation, but did state a claim under the ADA and granted a motion to strike a portion of the Florida Whistle-blower's Act claim
• Bachus & Stratton, Inc. v. Mann
  639 So. 2d 35· Fla. 4th DCA· 1994-04-06 ·cited 21×
  This case concerns whether various claims brought by an employee against her former employer and its related entities are subject to arbitration. The court analyzed the scope of an arbitration agreement signed by the employee, determining which claims fell within its purview.
• Rush v. McDONALD'S Corp.
  966 F.2d 1104· 7th Cir.· 1992-06-29 ·cited 21×
  The court held that a plaintiff's claims must be reasonably related to the allegations in the EEOC charge, and that stray remarks of racial bias are insufficient to prove pretext for discrimination without more.
• Lewis v. Kendrick
  944 F.2d 949· 1st Cir.· 1991-04-26 ·cited 21×
  An unreasonably high fee demand by a plaintiff's attorney does not automatically forfeit the plaintiff's right to any fee award.
• Pittsley v. Sergeant Philip Warish
  927 F.2d 3· 1st Cir.· 1991-02-27 ·cited 21×
  The court held that the police officers' actions and statements, while potentially wrongful, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983, and therefore, the directed verdicts for the defendants were appropriate.
• Beard v. Carrollton R.R. & CSX Transp., Inc.
  893 F.2d 117· 6th Cir.· 1989-12-28 ·cited 21×
  The court denied the petition for rehearing, affirming its prior decision regarding the dismissal of claims.
• Elliott v. Dugger
  542 So. 2d 392· Fla. 1st DCA· 1989-04-06 ·cited 21×
  The Elliotts appealed a summary judgment dismissing their lawsuit against the Department of Corrections Secretary for injuries sustained when Robert Elliott allegedly ingested AIDS-contaminated blood serum while working. The court reversed, finding genuine issues of material fact
• Captain Joyce L. Bois v. Marsh
  801 F.2d 462· D.C. Cir.· 1986-09-12 ·cited 21×
  The court held that the plaintiff's claims for equitable and declaratory relief were not justiciable due to mootness and failure to exhaust administrative remedies, respectively. It also held that damages claims against a military superior were barred by the Feres doctrine, which
• Beckham v. Safeco Ins. Co. OF Am.
  691 F.2d 898· 9th Cir.· 1982-11-03 ·cited 21×
  The court held that diversity jurisdiction was proper, but reversed summary judgment on the claim that the insurer failed to make a good faith settlement attempt when liability was reasonably clear. Other claims and the denial of a jury trial were affirmed.
• Pierson v. Orlando Reg'l Healthcare Sys., Inc.
  619 F. Supp. 2d 1260· M.D. Fla.· 2009-04-28 ·cited 20×
  The court held that the plaintiff's claims against the 'Peer Review Defendants' were insufficiently pled due to improper group pleading and that the plaintiff lacked standing to bring an antitrust claim.
• City OF Clearwater & Charles Esposito v. Williamson
  938 So. 2d 985· Fla. 2d DCA· 2006-07-28 ·cited 20×
  The City of Clearwater and Detective Charles Esposito appealed a jury verdict finding them liable for malicious prosecution, false arrest, and intentional infliction of emotional harm in connection with the arrest of Tony Williamson for a child sexual abuse allegation. The appell
• Frazier v. Bailey
  957 F.2d 920· 1st Cir.· 1992-02-24 ·cited 20×
  Individuals contracted by the government to perform statutorily mandated duties are the functional equivalent of public officials and are entitled to raise a qualified immunity defense. However, a generalized right to 'familial integrity' is not sufficiently particularized to ove
• Susanne Littlefield v. McGUFFEY
  954 F.2d 1337· 7th Cir.· 1992-01-27 ·cited 20×
  The court affirmed the judgment, holding that the defendant's evidentiary and jury instruction challenges lacked merit, and that the award of damages and attorney's fees was supported by the evidence and applicable law.
• Wilson v. Monarch Paper Co.
  939 F.2d 1138· 5th Cir.· 1991-08-16 ·cited 20×
  The court affirmed the jury's verdict, finding sufficient evidence for claims of age discrimination and intentional infliction of emotional distress, and upheld the denial of motions for directed verdict, JNOV, and new trial.
• Pytlik v. Prof'l Res., Ltd.
  887 F.2d 1371· 10th Cir.· 1989-10-10 ·cited 20×
  The court affirmed dismissal of claims against Italiana for lack of personal jurisdiction, affirmed summary judgment for INA, affirmed summary judgment on claims two, three, four, and five against other defendants, but reversed the directed verdict on the wrongful discharge claim
• Earnestine Hill v. McINTYRE
  884 F.2d 271· 6th Cir.· 1989-09-08 ·cited 20×
  The court held that a genuine issue of fact existed regarding whether the officer obtaining the warrant acted with reckless disregard for the truth, requiring a jury trial. It also held that the manner of executing the search warrant presented factual issues for a jury.
• Anny Newman v. Commonwealth OF Mass.
  884 F.2d 19· 1st Cir.· 1989-08-28 ·cited 20×
  Defendants are entitled to qualified immunity on the procedural and substantive due process claims because their actions did not violate clearly established law. However, defendant Burgin is not entitled to immunity on state tort claims due to potential malice.
• Arlen Yalkut v. Augie Gemignani and Myron Gold
  873 F.2d 31· 2d Cir.· 1989-04-18 ·cited 20×
  Federal agents are immune from state law tort claims under the Federal Employees Liability Reform and Tort Compensation Act and from federal civil rights claims because no clearly established constitutional right was violated.
• Ingram v. Hayes
  866 F.2d 368· 11th Cir.· 1988-11-29 ·cited 20×
  The court held that the district court properly dismissed claims involving domestic relations matters and the declaratory relief claim for failure to state a claim, but properly exercised jurisdiction over the federal question claim.
• Donal J. Kelley v. Schlumberger Tech. Corp.
  849 F.2d 41· 1st Cir.· 1988-06-15 ·cited 20×
  The court held that the defendant's objection to the jury instruction was not preserved and that the exclusion of post-discharge statistical evidence was not an abuse of discretion.
• Atkinson v. Gates
  838 F.2d 808· 5th Cir.· 1988-03-04 ·cited 20×
  State law claims for bad faith refusal to pay benefits under the Longshoremen and Harbor Workers' Compensation Act (LHWCA) are preempted by the LHWCA and the Nonappropriated Fund Instrumentalities Act, as these acts provide the exclusive remedy.
• Coogan v. City OF Wixom
  820 F.2d 170· 6th Cir.· 1987-06-01 ·cited 20×
  The court held that the plaintiff failed to establish a claim for malicious prosecution, intentional infliction of emotional distress, or violations of constitutional rights under 42 U.S.C. § 1983, affirming the directed verdict.
• Marrical v. The Detroit News, Inc.
  805 F.2d 169· 6th Cir.· 1986-11-11 ·cited 20×
  The dissenting judge believes Michigan law grants prosecutors immunity from suit for official acts, contrary to the majority's decision to dismiss the appeal.
• Dixon v. Westinghouse Elec. Corp.
  787 F.2d 943· 4th Cir.· 1986-04-10 ·cited 20×
  The court held that a Title VII charge is untimely if not filed with the EEOC within 180 days, unless the claimant initially instituted proceedings with a state agency, which did not occur here.
• Chambless v. Masters
  772 F.2d 1032· 2d Cir.· 1985-08-28 ·cited 20×
  The court held that the pension plan amendment was arbitrary and capricious because it was not adopted in the interest of plan participants and beneficiaries and therefore declared it a nullity. The court also found that the amendment, when combined with the wage-related benefit
• Bergman v. United States
  751 F.2d 314· 10th Cir.· 1984-12-21 ·cited 20×
  The court affirmed the district court's summary judgment in both actions, finding the Privacy Act claim time-barred and the FTCA claims barred by statutory exceptions or failure to state a claim.
• Raley v. Fraser
  747 F.2d 287· 5th Cir.· 1984-11-26 ·cited 20×
  A plaintiff who loses on a Section 1983 claim, even if successful on a pendent state law claim, is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Araujo v. Welch
  742 F.2d 802· 3d Cir.· 1984-09-07 ·cited 20×
  The court held that while verbal abuse and intentional infliction of emotional distress claims may be protected by official immunity if they advance legitimate office objectives, physical abuse by a supervisor against a subordinate generally falls outside the outer perimeter of o
• Taso P. Anthan v. Prof'l AIR Traffic Controllers Org.
  672 F.2d 706· 8th Cir.· 1982-03-19 ·cited 20×
  The court held that the trial court erred in granting summary judgment on the issue of liability for outrageous conduct because the element of severe emotional distress was not adjudicated in the prior administrative proceeding and thus not collaterally estopped.
• Turner v. Costa Crociere S.P.A.
  9 F.4th 1341· 11th Cir.· 2021-08-19 ·cited 19×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the forum selection clause in the cruise ticket contract was enforceable and required litigation in Italy.
• Lise Greene and Gilbert C. Greene v. Well Care HMO, Inc.
  778 So. 2d 1037· Fla. 4th DCA· 2001-02-14 ·cited 19×
  The Greenes appealed dismissal of their bad faith and tort claims against Well Care HMO for denying coverage of prescribed hyperbaric oxygen treatment for radiation-induced hemorrhagic cystitis. The court held that no statutory private cause of action exists under Florida's HMO A
• Betancourt v. Marine Cargo Mgmt., Inc.
  930 F. Supp. 606· S.D. Fla.· 1996-06-21 ·cited 19×
  The court held that while federal claims for hostile work environment survive a motion to dismiss, a more definite statement is required regarding the effect of the harassment and its frequency; state law tort claims are dismissed without prejudice.
• Psychiatric Assocs. v. ST. Paul Fire & Marine Ins. Co.
  647 So. 2d 134· Fla. 1st DCA· 1994-04-18 ·cited 19×
  Psychiatric Associates and its physician members sought review of summary judgment in favor of their insurer, St. Paul Fire & Marine Insurance Company, in a declaratory judgment action. The court held that the insurer had a duty to defend the insureds against a civil action alleg
• AETNA Cas. & Sur. Co., Inc. v. Joshua Miller, M.D.
  550 So. 2d 29· Fla. 3d DCA· 1989-08-15 ·cited 19×
  Aetna Casualty appeals a declaratory judgment finding it must provide coverage and legal defense for Dr. Joshua Miller, a University of Miami employee, in a lawsuit arising from Miller's alleged assault on a colleague. The court reverses, holding that Miller's intentional act of
• Paroline v. Unisys Corp.
  879 F.2d 100· 4th Cir.· 1989-06-26 ·cited 19×
  The court held that there was insufficient evidence of an employer's intent to force an employee to quit, thus no constructive discharge occurred.
• Miller v. Fairchild Indus., Inc.
  885 F.2d 498· 9th Cir.· 1989-05-23 ·cited 19×
  The court held that the district court erred in dismissing the Title VII, Section 1981, CFEHA, breach of contract, and fraud claims, reversing the directed verdicts and remanding for a new trial, but affirmed the directed verdict on the tortious breach of implied covenant claim.
• COX v. Keystone Carbon Co.
  861 F.2d 390· 3d Cir.· 1988-11-09 ·cited 19×
  The court held that there is no right to a jury trial for claims brought under ERISA § 502(a)(3) because it provides only equitable relief, and that the plaintiff's state law claim for intentional infliction of emotional distress failed as a matter of law.
• Bolt v. Halifax Hosp. Med. Ctr.
  851 F.2d 1273· 11th Cir.· 1988-08-08 ·cited 19×
  The court held that while Florida law articulates a policy for peer review, the state's judicial review of such decisions constitutes active supervision, thus exempting hospitals and their staff from antitrust liability under the state action doctrine for individual hospital cons
• Trailer Ranch, Inc. v. Levine
  523 So. 2d 629· Fla. 4th DCA· 1988-03-02 ·cited 19×
  The Levines recovered a jury verdict against their former landlord Trailer Ranch, Inc. for lost profits, loss of business value, and emotional distress. The appellate court reversed the awards for lost profits and loss of business value due to insufficient evidentiary support, fi