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

• Dwyer v. Loyd W. Smith
  867 F.2d 184· 4th Cir.· 1989-02-03 ·cited 16×
  The court affirmed the district court's judgment, holding that the plaintiff failed to establish claims for sexual harassment, disparate impact, disparate treatment, retaliatory discharge, First Amendment violations, and pendent state claims.
• Woodrum v. Woodward Cnty.
  866 F.2d 1121· 9th Cir.· 1989-01-25 ·cited 16×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because he did not allege a deprivation of a constitutionally protected liberty interest sufficient to overcome the governmental interest in child protection, and reversed the award of sanctions agai
• Dorchen Leidholdt v. L.F.P. Inc.
  860 F.2d 890· 9th Cir.· 1988-10-26 ·cited 16×
  The court held that the article constituted constitutionally protected opinion, thus dismissing the plaintiff's tort claims for libel, intentional infliction of emotional distress, and invasion of privacy. The court also dismissed the sanctions issue for lack of jurisdiction.
• Tuck v. United Servs. Auto. Ass'n
  859 F.2d 842· 10th Cir.· 1988-10-14 ·cited 16×
  The court held that subject matter jurisdiction was lacking due to the lack of complete diversity, as USAA, an unincorporated association, is a citizen of every state in which its members reside. The court remanded the case to the district court to consider dismissing nondiverse
• Allstate Ins. Co. v. Gilbert
  852 F.2d 449· 9th Cir.· 1988-07-19 ·cited 16×
  Acts of child molestation are considered intentional and thus excluded from insurance coverage under policies containing intentional act exclusions and California Insurance Code section 533. The term 'an insured person' in an exclusion refers to any insured under the policy.
• Knafel v. Pepsi Cola Bottlers OF Akron, Inc.
  850 F.2d 1155· 6th Cir.· 1988-07-07 ·cited 16×
  The court should accept jurisdiction over Knafel's appeal from the dismissal of Count IV because it is practically dispositive of Wuchich's claim, which is properly before the court.
• Chambers v. The Omaha Girls Club, Inc.
  834 F.2d 697· 8th Cir.· 1987-12-03 ·cited 16×
  The court held that the employer failed to establish a business necessity or bona fide occupational qualification for its policy prohibiting single pregnant women from employment, as it lacked sufficient evidence to demonstrate a relationship between the policy and its stated goa
• Keehr v. Consol. Freightways OF Del., Inc.
  825 F.2d 133· 7th Cir.· 1987-07-15 ·cited 16×
  The court held that the defendant's tort claims were not preempted by federal labor law, the jury verdicts were not inconsistent, and the damages awarded were not excessive.
• Adkins v. Seaboard Sys. R.R.
  821 F.2d 340· 6th Cir.· 1987-06-18 ·cited 16×
  A claim for intentional infliction of emotional distress, lacking any physical dimension, is not cognizable under the Federal Employers’ Liability Act (FELA), even if the conduct may have been subject to arbitration under the Railway Labor Act (RLA).
• Roper v. Edwards
  815 F.2d 1474· 11th Cir.· 1987-05-05 ·cited 16×
  The court held that the dismissal of conspiracy claims, the refusal to exercise pendent jurisdiction over state claims, and the award of attorney's fees were proper.
• Johnson v. Legal Servs. OF Ark., Inc.
  813 F.2d 893· 8th Cir.· 1987-03-10 ·cited 16×
  The court held that the district court erred in dismissing the retaliation claim related to the first termination, requiring remand for further consideration under the Bibbs v. Block standard. However, the court affirmed the district court's findings on all other discrimination c
• William T.M. Johnson v. Lincoln Univ. OF the Commonwealth Sys. OF Higher Educ.
  776 F.2d 443· 3d Cir.· 1985-11-06 ·cited 16×
  The court held that the district court erred in concluding that Dr. Johnson's activities did not involve matters of public concern and that the case should be remanded for further factual development regarding whether his speech was protected and whether it motivated his terminat
• Johnson v. Educ. Testing Serv.
  754 F.2d 20· 1st Cir.· 1985-01-31 ·cited 16×
  The court held that Educational Testing Service (ETS) is not a state actor for due process purposes, and that summary judgment was appropriate for the state law claims due to lack of genuine factual disputes and ETS's good faith actions.
• Smith v. Kerrville BUS Co., Inc.
  748 F.2d 1049· 5th Cir.· 1984-12-20 ·cited 16×
  The court held that a straightforward employee suit for breach of a collective bargaining agreement, lacking arbitration or finality provisions, is governed by state contract statutes of limitations, not the six-month period from DelCostello.
• Fla. Fish & Wildlife Conservation Comm'n & Benjamin G. Johnson v. Jeffrey
  178 So. 3d 460· Fla. 1st DCA· 2015-10-15 ·cited 15×
  Officer Benjamin Johnson and the Florida Fish and Wildlife Conservation Commission sought certiorari review of a trial court's denial of their motions for summary judgment based on qualified immunity and sovereign immunity, respectively. The court granted Johnson's petition in pa
• Gallogly v. Rodriguez
  970 So. 2d 470· Fla. 2d DCA· 2007-12-12 ·cited 15×
  The court held that the alleged conduct of police officers running a drug ring and extorting silence from a business owner, if proven, constitutes extreme and outrageous conduct sufficient to support a claim for intentional infliction of emotional distress.
• Paul v. Holbrook
  696 So. 2d 1311· Fla. 5th DCA· 1997-07-18 ·cited 15×
  The court held that the trial court erred in granting summary judgment on the battery claim against Holbrook, as the alleged touching could be considered offensive and intent could be inferred, but affirmed summary judgment on all other claims.
• Stockett v. Tolin
  58 Fair Empl. Prac. Cas. (BNA) 1441· S.D. Fla.· 1992-04-24 ·cited 15×
  The court held that the defendant created a hostile work environment through pervasive sexual harassment, leading to the plaintiff's constructive discharge.
• Willhauck v. Halpin
  953 F.2d 689· 1st Cir.· 1991-12-23 ·cited 15×
  The court affirmed the district court's dismissals and verdicts, finding no reversible error in the procedural history or the substantive rulings regarding the plaintiffs' civil rights claims.
• MacIosek v. Blue Cross & Blue Shield United OF Wis.
  930 F.2d 536· 7th Cir.· 1991-04-15 ·cited 15×
  The court held that the Macioseks' state law claims were preempted by ERISA and that sanctions against their counsel were appropriate for filing frivolous claims and ignoring relevant precedent.
• Gabriel v. Tripp
  576 So. 2d 404· Fla. 2d DCA· 1991-03-15 ·cited 15×
  Mary Gabriel appealed the dismissal of her tort claims arising from allegedly contracting genital herpes from Winston Tripp. The court affirmed dismissal of battery, fraudulent concealment, and intentional infliction of emotional distress claims, but reversed dismissal of the neg
• M.M. and M.M. v. M.P.S. and B.S.
  556 So. 2d 1140· Fla. 3d DCA· 1989-12-12 ·cited 15×
  Florida law does not provide a cause of action for intentional infliction of emotional distress to parents who suffer distress upon learning of past abuse of their child, when the disclosure was not made with intent to cause them harm.
• Celso Carlos Moreno v. Small Bus. Admin.
  877 F.2d 715· 8th Cir.· 1989-06-16 ·cited 15×
  The court held that the Civil Service Reform Act bars Bivens actions and that the Federal Employees Liability Reform and Tort Compensation Act requires substitution of the United States as defendant for employee torts.
• Stauber v. Cline
  837 F.2d 395· 9th Cir.· 1988-01-20 ·cited 15×
  Intramilitary immunity under the Feres doctrine bars state-law tort actions between civilian technicians for the Alaska Army National Guard when their injuries arise incident to military service, and this immunity is a nonwaivable jurisdictional issue.
• Quayside Assocs., Ltd. v. Triefler
  506 So. 2d 6· Fla. 3d DCA· 1987-03-03 ·cited 15×
  Quayside Associates and La Ville appealed a jury verdict finding an implied contract (but no express contract) and awarding a real estate salesman damages based on the express contract terms. The court affirmed, holding that sufficient evidence supported an implied contract claim
• Fowler v. Taco Viva, Inc.
  646 F. Supp. 152· S.D. Fla.· 1986-10-21 ·cited 15×
  The court held that a material issue of fact exists regarding the continuous nature of alleged discriminatory practices, precluding summary judgment on statute of limitations and administrative filing grounds for Title VII claims. It also found that work assignment claims were wi
• Payton Health Care Facilities, Inc. v. Est. OF Morris Hugo Campbell
  497 So. 2d 1233· Fla. 2d DCA· 1986-07-30 ·cited 15×
  Payton Health Care Facilities and Southeastern Health Care appealed a jury verdict awarding compensatory and punitive damages in a wrongful death action arising from alleged negligent care of a nursing home patient who died from infected decubitus ulcers. The appellate court affi
• Marcy Smiga v. Dean Witter Reynolds, Inc.
  766 F.2d 698· 2d Cir.· 1985-06-28 ·cited 15×
  The court affirmed the district court's confirmation of the arbitration award and its award of attorneys' fees and costs, finding that the district court had jurisdiction and that the opposition to confirmation was frivolous.
• Kent v. Hershel Harrison
  467 So. 2d 1114· Fla. 2d DCA· 1985-05-01 ·cited 15×
  Kent sued Harrison for intentional infliction of emotional distress based on Harrison's campaign of harassing telephone calls following a verbal conflict. The court affirmed the directed verdict for Harrison, holding that while Harrison's conduct was intentional and offensive, it
• Rosanne Gmuer v. Ambrose Garner
  426 So. 2d 972· Fla. 2d DCA· 1982-10-15 ·cited 15×
  Rosanne Gmuer appealed the dismissal of her third amended complaint against Hillsborough Community College and its president Ambrose Garner for sexual harassment and intentional infliction of emotional distress. The Second District Court of Appeal affirmed the trial court's dismi
• Korbin v. Berlin
  177 So. 2d 551· Fla. 3d DCA· 1965-07-06 ·cited 15×
  A six-year-old girl sued for intentional infliction of emotional distress after the defendant made false, malicious statements to her about her mother's alleged infidelity and divine punishment. The court reversed the trial judge's dismissal of the complaint, holding that allegat
• Palm Beach Cnty. Sch. Bd. v. Janie DOE 1
  210 So. 3d 41· Fla.· 2017-01-26 ·cited 14×
  The Florida Supreme Court resolved a conflict among district courts regarding whether amended complaints asserting new legal claims can relate back to the original filing date under Rule 1.190(c). The Court held that amendments stating new claims can relate back if they arise fro
• Footstar Corp. v. DOE
  932 So. 2d 1272· Fla. 2d DCA· 2006-07-14 ·cited 14×
  Footstar Corporation appeals a trial court order denying its motion for summary judgment based on workers' compensation immunity in a sexual battery case involving a minor. The appellate court dismisses the appeal for lack of jurisdiction, holding that the trial court's order mer
• Doe v. Celebrity Cruises
  145 F. Supp. 2d 1337· S.D. Fla.· 2001-02-26 ·cited 14×
  A ship owner can be held vicariously liable for an employee's intentional torts against a passenger, even if outside the scope of employment, under maritime law and Florida exception for common carriers. However, claims for medical negligence, failure to investigate, and breach o
• Johnson v. State of Fla's. Dep't OF Health & Rehabilitative Servs.
  695 So. 2d 927· Fla. 2d DCA· 1997-06-27 ·cited 14×
  Julie Johnson appealed the dismissal of her complaint arising from the forcible seizure of her children by HRS and a St. Petersburg police officer at a church in 1989. The court partially affirmed and partially reversed the dismissal, allowing several claims to proceed including
• Hogan v. Tavzel
  660 So. 2d 350· Fla. 5th DCA· 1995-09-08 ·cited 14×
  Carolyn Hogan sued her ex-husband Mark Tavzel for transmitting genital warts through consensual sexual intercourse during attempted reconciliation. The trial court dismissed her claims based on interspousal immunity and the theory that consensual sex cannot constitute battery for
• McALPIN v. Sokolay
  596 So. 2d 1266· Fla. 5th DCA· 1992-04-17 ·cited 14×
  Patricia McAlpin appeals the dismissal of her complaint alleging intentional infliction of emotional distress against Dr. Marc Sokolay after he verbally abused her in an x-ray facility while she was in physical and emotional distress from a medical condition. The court reverses t
• Miller v. Glanz
  948 F.2d 1562· 10th Cir.· 1991-11-18 ·cited 14×
  The court held that a district court's consideration of matters outside the pleadings on a Rule 12(b)(6) motion is reversible error unless harmless, and that witnesses have absolute immunity from civil liability for conspiracy to present perjured testimony.
• Zimmerman v. H.E. Butt Grocery Co.
  932 F.2d 469· 5th Cir.· 1991-06-03 ·cited 14×
  Oral promises of lifetime employment are barred by the Texas statute of frauds, and an employee handbook, absent an express agreement to discharge only for cause, does not modify the at-will employment doctrine.
• Galvez v. Kuhn
  933 F.2d 773· 9th Cir.· 1991-05-21 ·cited 14×
  State law claims for assault, battery, and intentional infliction of emotional distress are not preempted by Section 301 of the LMRA if they do not require interpretation of the collective bargaining agreement. The district court improperly exercised jurisdiction by removing the
• Saul v. United States
  928 F.2d 829· 9th Cir.· 1991-03-11 ·cited 14×
  The Civil Service Reform Act (CSRA) precludes federal employees from bringing Bivens constitutional tort claims and preempts their common law tort claims arising from employment disputes, even if those claims are not pay-related.
• Stoddard v. Wohlfahrt
  573 So. 2d 1060· Fla. 5th DCA· 1991-02-07 ·cited 14×
  Stoddard appeals the dismissal of his invasion of privacy claim arising from allegedly harassing phone calls by Wohlfahrt and the award of attorney's fees against him. The court affirms the dismissal of the claim but reverses and vacates the attorney's fees award, holding that di
• Notarian v. Plantation AMC Jeep, Inc.
  567 So. 2d 1034· Fla. 4th DCA· 1990-10-10 ·cited 14×
  The court held that a statutory claim for retaliatory discharge and a claim for insufficient notice of termination are assignable, while a claim for intentional infliction of emotional distress is not.
• Walker v. S. Cent. Bell Tel. Co.
  904 F.2d 275· 5th Cir.· 1990-06-28 ·cited 14×
  A complaint under 42 U.S.C. § 1981 must address discrimination in contract formation or enforcement, not post-employment issues. A claim for intentional infliction of emotional distress only requires pleadings to provide notice and allow inferences of claim elements, not explicit
• Heideman v. PFL, Inc.
  904 F.2d 1262· 8th Cir.· 1990-06-05 ·cited 14×
  The court held that the plaintiffs failed to present sufficient facts to support equitable tolling of the statutes of limitations for their age discrimination, ERISA, and common law claims, thus affirming the grant of summary judgment for the employer.
• Paroline v. Unisys Corp.
  900 F.2d 27· 4th Cir.· 1990-03-30 ·cited 14×
• Russell v. Salve Regina Coll.
  890 F.2d 484· 1st Cir.· 1989-11-20 ·cited 14×
  The court affirmed the district court's directed verdict on invasion of privacy and intentional infliction of emotional distress claims, and affirmed the jury's verdict for breach of contract and the awarded damages.
• O'Shea v. The Detroit News
  887 F.2d 683· 6th Cir.· 1989-10-11 ·cited 14×
  The court held that state law claims were not preempted by § 301 of the LMRA, but reversed the denial of summary judgment on the age discrimination claim, finding insufficient evidence.
• Johnson v. Anheuser Busch, Inc.
  876 F.2d 620· 8th Cir.· 1989-05-26 ·cited 14×
  State-law tort claims are preempted by the LMRA if their resolution substantially depends on interpreting the collective bargaining agreement; otherwise, they may proceed.
• King v. Otasco
  861 F.2d 438· 5th Cir.· 1988-12-06 ·cited 14×
  The majority's analysis of California tort law, which generalizes Molien to permit recovery for negligently caused, foreseeable, and severe emotional injury, is incorrect and departs from established precedent.