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

• Hanks v. Gen. Motors Corp.
  859 F.2d 67· 8th Cir.· 1988-10-05 ·cited 14×
  The court held that a wrongful discharge claim is preempted by § 301 of the LMRA, but other state tort claims require further factual development to determine if they are also preempted.
• Pratt v. Brown Mach. Co.
  855 F.2d 1225· 6th Cir.· 1988-09-07 ·cited 14×
  The court held that conflicting provisions in an employee handbook regarding at-will employment and progressive discipline create a question of fact for the jury.
• Theodora Hope Martin v. Merrell DOW Pharms.
  851 F.2d 703· 3d Cir.· 1988-07-20 ·cited 14×
  A subsequent affidavit contradicting prior sworn testimony without explanation may be disregarded for summary judgment purposes.
• Hughes v. Patrolmen's Benevolent Ass'n OF the City OF NEW York, Inc.
  850 F.2d 876· 2d Cir.· 1988-06-15 ·cited 14×
  The court held that allowing recovery for both intentional infliction of emotional distress and prima facie tort for the same conduct constitutes an impermissible double recovery under New York law, requiring reversal of the prima facie tort awards.
• Hall v. C & P Tel. Co.
  793 F.2d 1354· D.C. Cir.· 1986-06-24 ·cited 14×
  The court held that the District Court properly deferred to the District of Columbia Court of Appeals' construction of the D.C. Compensation Act as a 'local' law, and that the appellants' claims were barred by that construction.
• Strandberg v. The City OF Helena
  791 F.2d 744· 9th Cir.· 1986-06-10 ·cited 14×
  The court held that the district court properly dismissed the decedent's civil rights claims based on the first and sixth amendments and the equal protection clause, and that Montana law is no longer relevant to a federal constitutional claim based on negligent conduct of a jaile
• Kates v. Crocker Nat'l Bank
  776 F.2d 1396· 9th Cir.· 1985-11-19 ·cited 14×
  The court held that the bank's notice of potential investigative consumer report, without actual investigation or information transmission, did not violate the Fair Credit Reporting Act or California's unfair business practices law.
• Creighton v. The City OF ST. Paul
  766 F.2d 1269· 8th Cir.· 1985-07-12 ·cited 14×
  The court held that summary judgment was improperly granted because there are genuine disputes of material fact regarding probable cause and exigent circumstances, and thus the defendant is not entitled to qualified immunity at this stage.
• Duffy v. Realty Growth Invs.
  466 So. 2d 257· Fla. 5th DCA· 1985-02-07 ·cited 14×
  The Fifth District Court of Appeal dismissed an appeal from an order dismissing two counts of a multi-count counterclaim, holding that the dismissed counts were factually and legally interrelated with the remaining pending claims and therefore not independently appealable.
• Fitzgerald v. Larson
  741 F.2d 32· 3d Cir.· 1984-08-20 ·cited 14×
  The court held that a claim for wrongful discharge in violation of First Amendment rights is primarily economic in nature and therefore governed by Pennsylvania's six-year residuary statute of limitations, not the two-year personal injury statute.
• DR. Franklin Perkins Sch. v. Freeman
  741 F.2d 1503· 7th Cir.· 1984-08-14 ·cited 14×
  The court held that the School failed to establish an implied-in-fact contract or quantum meruit claim for retroactive tuition increases for the 1979-1980 academic year, and that the district court erred in awarding costs to the School.
• Leda Faye Fuller v. Marx
  724 F.2d 717· 8th Cir.· 1984-01-13 ·cited 14×
  The court held that the plaintiff's claims for negligent autopsy, constitutional violation regarding the disposal of organs, and intentional infliction of emotional distress were properly dismissed by the trial court.
• Orlando v. Alamo
  646 F.2d 1288· 8th Cir.· 1981-04-24 ·cited 14×
  The court held that the claims for alienation of a child's affection and intentional infliction of emotional distress were properly dismissed, as the former is not recognized under Arkansas law and both were barred by the statute of limitations.
• The Est. of Essie C. Harper by Glenda H. Jackson v. Orlando Funeral Home, Inc.
  366 So. 2d 126· Fla. 1st DCA· 1979-01-09 ·cited 14×
  The court held that while damages for mental pain and suffering are not recoverable absent physical impact under current Florida law, claims for breach of implied warranty and other damages related to a defective casket are actionable.
• Puig v. AVIS Rent-A-Car Sys.
  574 F.2d 37· 1st Cir.· 1978-04-24 ·cited 14×
  The court held that the plaintiff's claim did not meet the $10,000 jurisdictional amount required for diversity jurisdiction, as the proofs showed the damages were not that substantial.
• Brown v. Commander Knox
  547 F.2d 900· 5th Cir.· 1977-02-25 ·cited 14×
  The district court erred in dismissing the § 1983 complaint and pendent state claims, as pendent jurisdiction required the court to hear the case.
• Martin v. Travelers Ins. Co.
  497 F.2d 329· 1st Cir.· 1974-05-23 ·cited 14×
  The Longshoremen's and Harbor Workers' Compensation Act does not preclude a claimant from pursuing independent tort remedies against an employer's insurer for damages arising from the insurer's alleged misdeeds in payment of compensation.
• Suk C. Kim v. Jung Hyun Chang
  249 So. 3d 1300· Fla. 2d DCA· 2018-06-27 ·cited 13×
  A plaintiff claiming intentional infliction of emotional distress must prove both that she suffered emotional distress and that such distress was severe—meaning of such intensity or duration that no reasonable person should be expected to endure it. Evidence of the defendant's ou
• Darrel Bilbrey v. Myers
  91 So. 3d 887· Fla. 5th DCA· 2012-06-29 ·cited 13×
  Darrel Bilbrey, a former church member, appealed the dismissal of his complaint against his pastor David Myers and First Pentecostal Church alleging defamation, breach of fiduciary duty, intentional infliction of emotional distress, and invasion of privacy. The court reversed the
• Royal Caribbean Cruises, Ltd. v. Jane DOE & Jane Doe
  44 So. 3d 230· Fla. 3d DCA· 2010-09-29 ·cited 13×
  Royal Caribbean Cruises sought certiorari review of orders granting plaintiffs leave to amend their complaint to add punitive damages claims and denying in part a protective order limiting discovery. The Florida appellate court quashed both orders, finding the trial court failed
• Matsumoto v. Am. Burial & Cremation Servs., Inc.
  949 So. 2d 1054· Fla. 2d DCA· 2006-12-20 ·cited 13×
  Cynthia Matsumoto appealed a directed verdict in a case claiming outrageous conduct by a funeral home that cremated her deceased father's remains without her knowledge or consent, based on authorization from her father's companion and brother. The Florida appellate court affirmed
• Rapp v. Jews FOR Jesus, Inc.
  944 So. 2d 460· Fla. 4th DCA· 2006-11-29 ·cited 13×
  Edith Rapp appealed the dismissal of her claims against Jews for Jesus arising from a newsletter falsely portraying her as a convert to the organization. The court reversed dismissal of the false light invasion of privacy and negligent supervision claims, but affirmed dismissal o
• Woodard v. Jupiter Christian Sch., Inc.
  913 So. 2d 1188· Fla. 4th DCA· 2005-10-12 ·cited 13×
  The court affirmed the dismissal of a negligent infliction of emotional distress claim brought by a student and his mother against a private Christian school and its chaplain for breaching confidentiality after the student disclosed his sexual orientation. The court declined to e
• Mitchel Kalmanson v. Lockett
  848 So. 2d 374· Fla. 5th DCA· 2003-05-23 ·cited 13×
  Mitchel Kalmanson sued Judge Jerry T. Lockett for damages and injunctive relief based on alleged threats and verbal orders issued by the judge via telephone after the judge had recused himself from Kalmanson's dissolution of marriage case. The court affirmed the dismissal based o
• Allen v. Walker
  810 So. 2d 1090· Fla. 4th DCA· 2002-03-20 ·cited 13×
  The court held that venue was proper in Broward County for the investigator and that the trial court had personal and subject matter jurisdiction over the father, reversing dismissals as to them.
• The House of God Which Is the Church of the Living God v. Ashanta White and Semmie Taylor
  792 So. 2d 491· Fla. 4th DCA· 2000-07-07 ·cited 13×
  A church sought a writ of prohibition to bar a lawsuit by a former parishioner alleging slander, vicarious liability, and negligent retention of a pastor. The court held that claims against the church (vicarious liability and negligent supervision) were barred by the First Amendm
• Ambrose v. Catholic Soc. Servs., Inc.
  736 So. 2d 146· Fla. 5th DCA· 1999-07-02 ·cited 13×
  Marion Ambrose appealed the dismissal of her wrongful adoption suit against Catholic Social Services, alleging the agency fraudulently concealed the biological father's mental health history and negligently failed to investigate and disclose it. The court reversed, holding that t
• Blount v. Sterling Healthcare Grp., Inc.
  934 F. Supp. 1365· S.D. Fla.· 1996-05-28 ·cited 13×
  The court adopted the magistrate's recommendation, granting dismissal of claims against an individual employee under Title VII and the Florida Civil Rights Act, dismissing the intentional infliction of emotional distress claim, but denying dismissal of the respondeat superior cla
• Fireman's Fund Ins. Co. & Marion Asmus v. Signorelli
  681 So. 2d 720· Fla. 2d DCA· 1996-04-26 ·cited 13×
  Fireman's Fund Insurance Company sought certiorari review of a discovery order requiring production of materials from its workers' compensation claims file in a plaintiff's intentional infliction of emotional distress action. The court held that certain progress notes and handwri
• Perkins v. Spivey
  911 F.2d 22· 8th Cir.· 1990-07-24 ·cited 13×
  Kansas common law does not impose a duty on employers to prevent purely psychological harm from sexual harassment, but does impose a duty to prevent physical harm resulting from negligent retention of dangerous employees. A judge's recusal is not required based on a spouse's prof
• Barney K. Huang v. The Bd. OF Governors OF THE Univ. OF N.C. & Its Constituent Inst.
  902 F.2d 1134· 4th Cir.· 1990-05-04 ·cited 13×
  The court held that a state university professor's transfer between departments without loss of rank or pay does not implicate a constitutionally protected property interest, and that a First Amendment retaliation claim requires proof that the employer would not have taken the ac
• Risinger v. Ohio Bureau OF Workers' Comp. & Barbara Riley
  883 F.2d 475· 6th Cir.· 1989-08-24 ·cited 13×
  The Sixth Circuit held that the district court clearly erred in finding that the plaintiff failed to establish a prima facie case of a racially hostile work environment, reversing the dismissal and remanding for further proceedings.
• Schroeder v. Lufthansa German Airlines
  875 F.2d 613· 7th Cir.· 1989-05-23 ·cited 13×
  Lufthansa is not liable for the actions of the RCMP under the Warsaw Convention or Illinois law, and the district court properly granted summary judgment.
• Blair v. Shenandoah Women's Ctr., Inc.
  757 F.2d 1435· 4th Cir.· 1985-03-07 ·cited 13×
  The court held that an attorney can be sanctioned under the court's inherent power and 28 U.S.C. § 1927 for filing and pressing a frivolous and scandalous suit, even if the client's conduct was also blameworthy.
• Raskiewicz v. The Town OF NEW Boston
  754 F.2d 38· 1st Cir.· 1985-02-07 ·cited 13×
  The court held that the plaintiff failed to present genuine issues of material fact to support his federal claims, and thus summary judgment for the defendants was appropriate. The court also affirmed the award of attorneys' fees and costs to the defendants.
• Maryam Jamilah Zaidi v. Ehrlich
  732 F.2d 1218· 5th Cir.· 1984-05-09 ·cited 13×
  A district court should grant a plaintiff leave to amend her complaint when she has a right to amend, even if she fails to attach the proposed amended complaint to the motion.
• "Jane DOE v. Sarasota-Bradenton Fla. Television Co., Inc.
  436 So. 2d 328· Fla. 2d DCA· 1983-08-12 ·cited 13×
  A rape victim sued a television station for broadcasting her name and image during trial coverage despite the state's assurance her identity would be protected. The court affirmed dismissal of all claims, holding that Cox Broadcasting Corp. v. Cohn barred recovery because the vic
• Spillers v. Five Points Guar. Bank
  335 So. 2d 851· Fla. 1st DCA· 1976-07-20 ·cited 13×
  Five Points Guaranty Bank foreclosed on security agreements with the Spillers. The Spillers appealed the dismissal of their affirmative defenses based on duress, undue influence, and alleged violations of the UCC. The court affirmed the dismissal, holding that threats to enforce
• Land v. Sheriff of Jackson Cnty. Fla.
  85 F.4th 1121· 11th Cir.· 2023-10-31 ·cited 12×
  The court held that Deputy Allen is entitled to qualified immunity because the affidavit, even excluding misstatements, provided probable cause for Land's arrest, and thus Land's Fourth Amendment claim fails.
• Krapacs v. Nisha E. Bacchus
  301 So. 3d 976· Fla. 4th DCA· 2020-08-12 ·cited 12×
  Ashley Krapacs appeals a stalking injunction entered by the trial court in favor of attorney Nisha Bacchus. Krapacs had posted disparaging comments about Bacchus on social media, including tagging her repeatedly. The appellate court reversed the injunction, finding that Krapacs's
• Eloy Rojas Mamani v. Gonzalo Daniel Sanchez De Lozada Sanchez Bustamante
  968 F.3d 1216· 11th Cir.· 2020-08-03 ·cited 12×
  Relatives of eight Bolivian civilians killed during civil unrest in 2003 sued the former President and Defense Minister of Bolivia under the Torture Victims Protection Act (TVPA) and Bolivian wrongful-death law, alleging extrajudicial killings and seeking damages. The Eleventh Ci
• Fernander v. Bonis
  947 So. 2d 584· Fla. 4th DCA· 2007-01-03 ·cited 12×
  Ronnie Fernander appeals the dismissal of his complaint against police officers and the City of Miramar for false arrest, malicious prosecution, and negligent investigation related to a wrongful cocaine trafficking charge. The court affirmed the dismissal, finding probable cause
• Shumrak v. Broken Sound Club, Inc.
  898 So. 2d 1018· Fla. 4th DCA· 2005-03-09 ·cited 12×
  Shumrak sued Broken Sound Club for suspension from membership after his critical comments about the club's general manager were shared beyond the intended confidential recipient. The trial court dismissed the case on the ground that Broken Sound is a private social club whose dis
• Liberty Mut. Ins. Co. & Norma J. Peele v. Steadman
  895 So. 2d 434· Fla. 2d DCA· 2005-01-07 ·cited 12×
  Liberty Mutual Insurance Company and its agent Norma Peele appealed a trial court's denial of their motion to dismiss an intentional infliction of emotional distress claim brought by Colleen Steadman, a workers' compensation claimant. The appellate court reversed, holding that wo
• Tucci v. Smoothie King Franchises, Inc.
  215 F. Supp. 2d 1295· M.D. Fla.· 2002-07-03 ·cited 12×
  The court held that the plaintiff failed to state claims for antitrust violations, intentional interference with business relationships, conspiracy to defraud, and intentional infliction of emotional distress, and thus granted the motion to dismiss.
• C.A. Seguros Catatumbo v. Herrera
  812 So. 2d 576· Fla. 3d DCA· 2002-04-03 ·cited 12×
  The court held that a liability insurer cannot be added as a party to a final tort judgment after that judgment has become final, as the relevant statute requires such joinder to occur at or before the entry of the original judgment.
• Normil Normius v. Eckerd Corp.
  813 So. 2d 985· Fla. 2d DCA· 2002-03-15 ·cited 12×
  Normius sued Eckerd Drug Store for false imprisonment and intentional infliction of emotional distress after being detained and searched when an anti-shoplifting alarm sounded as he left the store. The trial court granted a directed verdict on the emotional distress claim and red
• Am. Nat'l Title & Escrow OF Fla., Inc. v. The Guar. Title & Tr. Co.
  810 So. 2d 996· Fla. 4th DCA· 2002-02-20 ·cited 12×
  The court held that the trial court erred in dismissing all claims based on the litigation privilege and in dismissing claims for intentional infliction of emotional distress and tortious interference.
• Horizons Rehab., Inc. v. Health Care & Ret. Corp.
  810 So. 2d 958· Fla. 5th DCA· 2002-01-04 ·cited 12×
  Horizons Rehabilitation appeals summary judgment dismissing 13 of 14 counts in its breach of contract and tort claims against Health Care and Retirement Corporation arising from their business relationship involving therapy services and financing. The court affirmed the dismissal
• Samedi v. Miami-Dade Cnty.
  134 F. Supp. 2d 1320· S.D. Fla.· 2001-01-26 ·cited 12×
  Summary judgment is granted for Defendant White on claims of supervisory liability and retaliation, and for other defendants on various counts, due to lack of genuine issues of material fact.