184 results for 'cat:"Emotional Distress"'.
J. Glickman rules a group of former IT workers with the House of Representatives can only pursue their defamation claims against the publisher of “Obstruction of Justice: How the Deep State Risked National Security to Protect the Democrats,” which details an investigation into their alleged violations of House rules and crimes related to IT security. The trial court should have dismissed, under the Anti-SLAPP Act, their claims for emotional distress, because there is insufficient evidence the publication amounted to outrageous conduct, and unjust enrichment claim, as this equitable remedy is not available in this case. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: September 7, 2023, Case #: 22-CV-0004, Categories: Defamation, emotional Distress
J. Leinenweber denies a Mexican airline's motion for summary judgment on multiple negligence cases, each brought by a survivor of a 2018 airplane crash. The survivors, all of whom were headed from Durango to Chicago, allege suffering multiple physical and emotional injuries when the airline's plane crashed shortly after takeoff. The court finds there are still factual disputes over the causes of these injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 6, 2023, Case #: 1:19cv118, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, emotional Distress, Aviation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Chutkan denies, in part, the district's motion for summary judgment on a father and five of his children's claims related to the execution of a search warrant, during which officers allegedly pointed their weapons at their heads and made the father appear naked in front of his children. There are questions of fact regarding the officers' actions inside the home that preclude judgment on the family's claim for negligent infliction of emotional distress.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: September 1, 2023, Case #: 1:17cv1046, NOS: Other Civil Rights - Civil Rights, Categories: emotional Distress, Police Misconduct
J. Levy partially grants most, but not all of the federal agencies’ and agents’ motions to dismiss claims brought against them by three foreign crewmembers for detaining them without their consent. Two false arrest and imprisonment claims, an intentional infliction of emotional distress claim and an abuse of process claim are not dismissed. The government agencies and agents intentionally confined the individuals, who were aware of the confinement and had not consented to it, without sufficient reasoning to do so, after the individuals had already begun to address themselves that an engineer was illegally disposing of bilgewater aboard their vessel.
Court: USDC Maine, Judge: Levy, Filed On: August 31, 2023, Case #: 2:19cv198, NOS: Other Civil Rights - Civil Rights, Categories: Maritime, emotional Distress, Due Process
J. Dever grants a police officer, his department and the employing municipality their motion for summary judgment following allegations including assault, battery and negligence brought by a man suspected of domestic violence. The officer arrived at the scene and attempted to speak with the woman who had made the call, but the man refused to return to the apartment out of which both had walked. The officer then arrested the man and walked him to his SUV but did not put the man inside because he had a police dog in the back. The man began to walk away, at which point the officer pulled him back toward the SUV. Next, the officer says he accidentally put his elbow through the back windshield trying to pull the man back, while the man claims the officer forcibly put his head through the back windshield. But the officer’s bodycam footage shows that his elbow was bleeding and that the man had no cuts on his head or face. Later, the man is shown on police station footage voluntarily banging his head off a door twice, which is how he sustained a concussion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 30, 2023, Case #: 4:21cv44, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, emotional Distress, Assault
J. Castner grants the employer's motion for summary judgment and dismisses the employee's age and disability discrimination claims, along with his claim for intentional infliction of emotional distress. The employee's estate has not established that the employee had an ongoing disability, and taking medical leave for back issues was insufficient to establish a perceived disability discrimination claim. While the estate asserts a prima facie case for age discrimination, the employer has articulated a non-discriminatory reason for his termination and the estate has not sufficiently alleged that this reason was pretextual. Termination is also not sufficiently "extreme or outrageous" conduct to support a claim for intentional infliction of emotional distress.
Court: USDC New Jersey, Judge: Castner, Filed On: August 30, 2023, Case #: 3:20cv1070, NOS: Employment - Civil Rights, Categories: Employment, emotional Distress, Employment Discrimination
J. Morrison denies, in part, the lender's motion to dismiss, ruling the borrowers' allegations it failed to provide the proper documents for a loan modification despite knowing the husband had recently divorced his ex-wife and no longer required her signature states a plausible reasonable diligence claim under the Real Estate Settlement Procedures Act.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: August 30, 2023, Case #: 2:23cv484, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, emotional Distress, Banking / Lending
J. Robart denies the families' request to file a second amended complaint, which arises from the families' dismissed claim that Amazon is liable for the deaths of two teenagers who fatally ingested sodium nitrite that they bought from a seller on Amazon's platform. The families do not sufficiently argue that the ruling dismissing their claim contained manifest error and they did not identify new facts they would plead if they were given leave to amend their complaint. Their prior complaint was dismissed because they did not conclusively prove that the sodium nitrite was defective regarding its warnings or that Amazon was liable for the two teenagers deliberately misusing the product.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 25, 2023, Case #: 2:23cv263, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, emotional Distress, Product Liability
J. Springmann rules in part for defendants in claims alleging negligence, emotional distress, and interference with business expectations, in which plaintiff contends his arrest on the hospital campus damaged his reputation and cost him his job, as plaintiff failed to establish his firing was not warranted or that he has been prevented from seeking new employment. However, emotional distress claims may continue because the claim stemmed from the arrest, and a jury should decide whether the arrest had been supported by probable cause.
Court: USDC Northern District of Indiana, Judge: Springmann, Filed On: August 23, 2023, Case #: 2:20cv119, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, emotional Distress, Business Expectancy
J. Jenkins partially grants McDonald’s motion to dismiss four civil rights claims brought against it by a former high-ranking employee. The former employee, who is Black, worked for McDonald’s for 35 years, including 10 years as its vice president of global safety, security, and intelligence. A public backlash against McDonald’s occurred after its CEO Christopher Kempczinski made racist comments in a text message to former Chicago mayor Lori Lightfoot in response to a Chicago shooting in 2021, and the employee said he faced his own backlash in the company after he criticized Kempczinski for his words. He was eventually terminated after Kempczinski blamed him for an incident in which the CEO was confronted directly by labor union activists in New York. The employee alleged multiple counts in his subsequent lawsuit against McDonald’s, and the court now dismisses two of them: hostile work environment and intentional infliction of emotional distress. The employee’s retaliation and disparate treatment claims, however, stand.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 22, 2023, Case #: 1:22cv7037, NOS: Employment - Civil Rights, Categories: emotional Distress, Employment Discrimination, Employment Retaliation
J. Ramos grants actor Alec Baldwin's motion to dismiss defamation claims stemming from his outing of a woman as a participant in the January 3, 2022 riot at the Capitol. The actor discovered her involvement in the protest after he donated money to her sister-in-law on behalf of her brother killed by a suicide bomber in Kabul. After he made an Instagram post expressing his disappointment, she received a number of hateful messages from his followers. However, the actor cannot be held liable for his followers' messages and his own post did not contain any false information.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: August 22, 2023, Case #: 1:22cv7328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation, emotional Distress
J. Mullins finds the trial court properly denied the state's motion to dismiss the mother's emotional distress claim filed with her medical malpractice action. A growing number of courts have considered a birthing mother a joint victim in such suits, while the definition of "personal injury" in Connecticut law also encompasses emotional distress. Therefore, a birthing mother is entitled to bring suit not only for damages that stem from her physical injuries, but also for the emotional distress that results from the injuries to or death of the child. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: August 18, 2023, Case #: SC20772, Categories: emotional Distress, Medical Malpractice
J. Trauger partially grants the dismissal motions in this lawsuit arising from the alleged sexual abuse of a fencing student. The complaint, which is brought by the minor fencer and her parents, fails to state a Section 1595(a) claim against USA Fencing with respect to the coach's alleged violations of the Trafficking Victims Protection Act. The negligence per se claim will also be dismissed, as to USA Fencing and the defendant fencing club.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 17, 2023, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, emotional Distress
J. Arterton denies, in part, the employer's motion to dismiss, ruling the allegations made by the female employee that her manager stopped cooperating with her and requested sex in exchange for assistance after she ended a consensual sexual relationship are sufficient to allow her hostile work environment claims to proceed. However, the incidents mentioned by the employee, while inappropriate and distasteful, do not rise to the level of egregious behavior required to support her emotional distress claim, which will be dismissed.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 16, 2023, Case #: 3:22cv418, NOS: Employment - Civil Rights, Categories: Evidence, emotional Distress, Employment Discrimination
J. Leinenweber denies a Mexican airline’s motion for summary judgment on consolidated negligence, personal injury and emotional distress claims brought by survivors of a plane crash. The airline’s aircraft crashed in Durango, Mexico shortly after takeoff while Illinois residents ultimately bound for Chicago were aboard. The court finds that factual disputes still remain regarding the exact causes of the survivors’ injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 16, 2023, Case #: 1:18cv6303, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, emotional Distress, Experts
J. Barbadoro partially grants a man’s motion for summary judgment against a woman suing him for trespass, nuisance, negligence and violation of the Federal Fair Housing Act in a dispute between the two over the boundary line between their properties. The woman’s trespass claim fails because she doesn’t offer evidence that the area being disputed actually belongs to her and she similarly fails to prove that she has a parking easement or that an easement is necessary for her. Since she fails to show the disputed portion of property belongs to her, her nuisance claim against the man for parking his construction vehicle there fails as well. However, the man fails to show that the woman is a mere trespasser on his property or that he couldn’t have predicted she’d try to park her car between the property she purchased and his construction vehicle.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: August 15, 2023, Case #: 1:21cv221, NOS: Housing/Accommodations - Civil Rights, Categories: Property, emotional Distress, Housing
J. Weisman partially grants the sued doctors’ motion for summary judgment on numerous civil rights claims, brought against them by a man who wrongfully spent years in prison after the doctors gave testimony painting him as the murderer of his girlfriend’s son. The court tosses the man’s federal Fourth and 14th Amendment violation claims, but allows his state malicious prosecution, intentional infliction of emotional distress and civil conspiracy claims to stand on the caveat that they must be refiled in state court.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: August 9, 2023, Case #: 1:20cv2368, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, emotional Distress, Medical Malpractice
J. Loken finds a lower court properly dismissed two consumers' motion for compensatory damages against Walmart for infliction of emotional distress. The consumers argued that Walmart was obligated to sell them off- label use medications to relieve symptoms of Covid-19. However, Walmart presented sufficient evidence in court that denying their request did not constitute "extreme and outrageous conduct." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 7, 2023, Case #: 22-2960, Categories: emotional Distress, Covid-19
J. Kollar-Kotelly dismisses a former foreign service officer's pro se emotional distress claim and $3 million in lost salary demand in connection with the Agency for International Development's alleged failure to investigate a massage-related sexual assault that occurred overseas 10 years prior to when he reported the incident. The district court lacks jurisdiction over his claims under the Federal Tort Claims Act due to the exclusionary remedy provision in the Federal Employees' Compensation Act.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: August 4, 2023, Case #: 1:22cv1414, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Tort, emotional Distress
J. Barker grants the investment companies' motion to dismiss, ruling that while the cheerleading coaches' actions in the State of Ohio allow this court to exercise jurisdiction via the RICO statute, secondary liability cannot be used to establish a civil claim for damages, and there is no evidence the companies directly committed any of the acts alleged by the abused cheerleader. Meanwhile, the alleged loss of his career as a professional cheerleader is insufficient to establish a concrete injury, and so the suit will be dismissed in its entirety against the companies.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: August 2, 2023, Case #: 1:22cv2139, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, emotional Distress, Racketeering
J. Ryu denies in part the marine company's motion to dismiss a seaman's allegations of sexual discrimination. The seaman sufficiently alleges claims against the company for negligence under the Jones Act, unseaworthiness, Title VII retaliation and negligent infliction of emotional distress.
Court: USDC Northern District of California, Judge: Ryu, Filed On: August 1, 2023, Case #: 4:22cv6999, NOS: Marine - Contract, Categories: Maritime, emotional Distress, Employment Discrimination