189 results for 'cat:"Emotional Distress"'.
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
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J. Dugan finds a former high school student may pursue sex discrimination claims against a school district. The former high school student, a varsity volleyball player, sufficiently presented evidence in court that the coach forced the athletes to engage in "demoralizing and degrading activities," including being subjected to "spanking machines," and then "scolded" them for reporting the abuse.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: July 31, 2023, Case #: 3:22cv1962, NOS: Education - Civil Rights, Categories: Civil Rights, Education, emotional Distress
J. Brennan affirms a district court’s ruling granting immunity from liability to a sheriff’s detective and an Indiana child services caseworker, and against “John Doe” and “A.B.” who were arrested for failure to support a 17-year-old dependent. The couple sued the investigators for alleged privacy violations and emotional distress, arising from the investigators’ disclosures during the dependent neglect probe that Doe was a transgender male who still had female genitalia. The defendants are entitled to qualified immunity, as there is no clearly established right to privacy in one’s sexual preference or gender identity during a criminal or child welfare investigation. The totality of the circumstances provided probable cause for the arrests of Doe and A.B., and the Indiana state law provides the sheriff’s detective with immunity from the couple’s state law claim of intentional infliction of emotional distress. Affirmed.
Court: 7th Circuit, Judge: Brennan , Filed On: July 28, 2023, Case #: 22-1501, Categories: Constitution, Immunity, emotional Distress
J. Guerrero finds the appellate court improperly found evidence surrounding a previous molestation of Doe to be admissible in this suit seeking to recover emotional distress damages for sexual abuse committed by her 4th grade teacher when she was 8 years old. Cited evidence code may permit evidence that would otherwise be excluded, though admissibility is subject to scrutiny for relevance. Code governing relevance is designed to protect against unwarranted intrusion into the private life of a sexual assault claimant by identifying and circumscribing evidence intended to attack credibility, and the trial court must undertake proper proceedings under this code. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: July 27, 2023, Case #: S272166, Categories: Education, Evidence, emotional Distress
J. Darrow rules a civilian may pursue sex harassment claims under the Fourteenth Amendment against a police officer. The civilian sufficiently showed that the police officer sent her unwanted, sexually charged text messages, including "Hello Hot stuff," and then grabbed her body parts after showing up in an unwanted visit to her home.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: July 25, 2023, Case #: 1:22cv1089, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, emotional Distress
J. Copperhite grants Dick’s Sporting Goods’ motion for judgment on intentional infliction of emotional distress claims brought by a gun customer. The customer, who is an Asian American from India, claims that two white salespeople yelled racist remarks at her, such as, “Move your Black ass over!” and, “I don’t have to give your Arab ass anything!” They refused to serve her and canceled her permit application. The customer fails to present convincing evidence that the salespeople’s comments were “extreme and outrageous.” Also, the brief interaction does not constitute a special relationship such as that between a supervisor and employee, where there is much greater likelihood of exploitation and power imbalance.
Court: USDC Maryland, Judge: Copperhite, Filed On: July 18, 2023, Case #: 1:22cv1238, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, emotional Distress, Business Practices
J. Wang grants the motion by Dominion Voting Systems's former director of product strategy and security for leave to file a second amended complaint in a defamation, emotional distress and conspiracy action against MyPillow CEO Mike Lindell and the social media platform Frankspeech arising from their promotion of election fraud conspiracy theories. The action may be amended to include a demand for exemplary damages because the former director alleged sufficient facts to show that Lindell and Frankspeech acted with actual malice by continuing to publish statements about his alleged role in election fraud without regard to the facts.
Court: USDC Colorado, Judge: Wang, Filed On: July 7, 2023, Case #: 1:22cv1129, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Damages, Defamation, emotional Distress
J. Jewell finds that the trial court improperly ruled in favor of the lot buyers on their intentional infliction of emotional distress claim against a home builder who allegedly threatened to "ruin their lives" when they decided not to hire him. The evidence did not show the builder's conduct to be "extreme and outrageous" since his verbal confrontation with the buyers only lasted five minutes. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 6, 2023, Case #: 14-22-00433-CV, Categories: Evidence, Property, emotional Distress
J. Lamberth denies, in part, family members' renewed motion for default judgment on the emotional distress claims arising from terrorist attacks. The District of Columbia choice-of-law principles apply and, therefore, the domiciles of the family members, including Maryland, South Africa And England, apply to their emotional distress claims.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: July 5, 2023, Case #: 1:20cv1227, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism, emotional Distress, Choice Of Law
J. Gray finds that the lower court properly found in favor of a trapper after a family sued him when his snares caught and killed the family's dogs. Under legal precedent, emotional distress claims stemming from loss of dogs are not compensable because dogs are property. The court cannot suddenly adopt a ruling allowing for emotional damages from the loss of a pet, as that rule would be best left to the legislature. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: July 5, 2023, Case #: S-22-0223, Categories: emotional Distress
J. Liman grants the hospital's motion to dismiss this suit brought by the nurse, seeking $20 million in damages for lost wages and future earnings, alleging religious discrimination and wrongful termination stemming from her refusal to be vaccinated against COVID 19. The nurse fails to show how the hospital discriminated against her on the bases of religion or disability, or how it intentionally inflicted emotional distress upon her. As currently pled, the complaint fails to state claims for relief and is dismissed without prejudice.
Court: USDC Southern District of New York, Judge: Liman , Filed On: June 30, 2023, Case #: 1:22cv6951, NOS: Civil Rights - Habeas Corpus, Categories: emotional Distress, Covid-19, Employment Discrimination
J. Rothschild finds that the trial court properly granted an anti-SLAPP motion to a city on its treasurer's defamation claims, but should have also granted the motion on her retaliation-based claims against individual defendants. Votes by the individual defendants that led to ordinances that reduced the treasurer's salary, authority and duties were protected activity. Also, the treasurer is not an employee for the purposes of the employment retaliation statute. Affirmed.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: June 30, 2023, Case #: B320658, Categories: Anti-slapp, Employment, emotional Distress
J. Tijerina finds that the lower court properly granted the individual appellees' special appearance and dismissed the airline passenger's claims against them, alleging that he was improperly removed from his seat. There is no general jurisdiction over the flight captain and the flight attendant, as their contacts with the state are not "continuous and systematic." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 29, 2023, Case #: 13-21-00328-CV, Categories: emotional Distress, Jurisdiction
J. Liburdi rules a native of Mexico may pursue infliction of emotional distress claims against the government. The mother, who crossed the U.S. border from Mexico with her daughter, sufficiently showed that border patrol officers separated them and placed them in a "cold, windowless, crowded cell" with no bedding or bathroom, which resulted in the child becoming overwhelmed, fainting and falling face first into the concrete floor.
Court: USDC Arizona, Judge: Liburdi, Filed On: June 28, 2023, Case #: 2:22cv683, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immigration, emotional Distress
J. Mullins finds the lower court properly upheld the referee's award of $15,000 in damages to the black woman for claims of emotional distress related to years of abuse by her neighbor. Although this court has previously upheld damages in the range of $30,000-$125,000 for "garden variety" emotional distress claims, those rulings did not establish a floor of $30,000 for ensuing cases. Meanwhile, the referee's award was not unreasonable on its face, considering the victim did not require mental health services, did not move from the condo complex, and relied entirely on her own, uncorroborated statements as evidence of the emotional distress. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: June 27, 2023, Case #: SC20655, Categories: Evidence, Damages, emotional Distress
J. Jenkins denies the Chicago Park District’s motion to dismiss civil rights violations claims brought by four gay soccer fans. The fans attended the 2019 Gold Cup final between the U.S. and Mexico at Chicago’s Soldier Field, where they say they were mocked by Mexico fans chanting “Eh puto!” — “puto” being a Spanish vulgarity sometimes used to refer to gay men and male prostitutes. The fans allege the Chicago Park District and Soldier Field personnel did not enforce their own anti-discrimination policies on the Mexico fans, and the court finds there are still too many factual controversies to make dismissal appropriate. The court also rejects the park district’s argument that it is shielded from liability under the Illinois Tort Immunity Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 22, 2023, Case #: 1:21cv5581, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, emotional Distress
J. Kruger finds that the lower courts improperly held that police officers who left a homicide victim's naked body exposed to the public were immune to an emotional distress complaint filed by the victim's widow. The provision of the Government Claims Act that give absolute immunity to public workers facing malicious prosecution claims does not extend to claims for other types of injuries caused during law enforcement investigations. While there is often overlap between investigations and the initiation of prosecutions, they are not the same. However, other provisions of the Act may shield police from such a claim. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: June 22, 2023, Case #: S269672 , Categories: Malicious Prosecution, Immunity, emotional Distress
J. Doyle finds that the trial court properly ruled in favor of the ex-wife in an invasion of privacy, negligence and intentional infliction of emotional distress action brought by the ex-husband. The action arose after the ex-wife filmed a disagreement over whether she could take their child home with her while the ex-husband was intoxicated. The trial court correctly found that the ex-wife's decision to record the ex-husband, which was obvious to him at the time, was not egregious in light of her interest in the child's welfare. The ex-wife only shared the recording with her attorney to pursue custody modification. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 21, 2023, Case #: A23A0274, Categories: Negligence, emotional Distress, Privacy
J. Novak partially denies the university's motion to dismiss because the alumni, who sued for discrimination after a librarian called him out for saying racial remarks to an employee, properly asserted a state law cause of action. The alumni's claim that the university violated the internal reporting requirements takes issue with the conduct of state employees carrying out their duties with a public university.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: June 21, 2023, Case #: 3:23cv328, NOS: Education - Civil Rights, Categories: Education, emotional Distress