189 results for 'cat:"Emotional Distress"'.
J. Rodriugez finds that the lower court improperly declined to dismiss a claim for negligent neonatalogical care filed by the parents of a child that died eight days after birth via emergency procedures, but properly declined to dismiss her other claims. The fact that she did not suffer an independent physical injury should not preclude her from recovery for emotional damages. The expert in question clearly testified that the delay in treatment substantially diminished the child's chance of survival and contributed to his death as well. Affirmed in part.
Court: New York Appellate Divisions, Judge: Rodriguez, Filed On: May 23, 2024, Case #: 02881, Categories: Damages, emotional Distress, Medical Malpractice
J. Campbell denies the defendant media personality's dismissal motion in this defamation lawsuit stemming from videos that he allegedly posted on social media concerning the disappearance and death of an individual near Tahoe National Forest. As the plaintiff family members are "private figures," the court applies the negligence standard to their defamation claims. Though the defendant contends that his statements were opinions, the court finds that certain comments "were expressed in terms of absolute certainty and are objectively capable of being proven false." Accordingly, they are sufficient to state a defamation claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: May 21, 2024, Case #: 3:23cv770, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, emotional Distress, Privacy
J. Jenkins grants the defendant wrestling agency’s motion to dismiss most of its former accountant’s claims against it. The parties had a falling out over a contract dispute, made all the worse because the accountant is the sister-in-law of a prominent figure in the wrestling agency. The accountant brought intentional tort and intentional infliction of emotional distress claims over the conflict, but the court finds that only her contract breach claims are sufficiently pleaded to survive a dismissal motion.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: May 21, 2024, Case #: 1:22cv6495, NOS: Other Contract - Contract, Categories: Tort, emotional Distress, Contract
J. Lawrence finds that the lower court properly granted the defendant law firm's motion to disqualify the appellant's counsel. The lower court found that the attorney at issue is "likely to be a necessary witness" in the dispute and that the appellant should not have difficulty finding other counsel. The record sufficiently supports the lower court's determination "that there would be actual prejudice" by his continued representation. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: May 21, 2024, Case #: 2024ME39, Categories: Civil Procedure, emotional Distress
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J. Busby grants an ATV dealer's petition for mandamus relief in a mental anguish case brought by a minor who claims the dealer's negligence in selling a vehicle with recalled parts led to her physical and psychological injuries after it rolled over, killing her brother. The court of appeals granted the minor's motion to quash the dealer's attempt to review her psychological treatment records, holding that an exception under the Texas Rules of Evidence had not been triggered to allow the release of the documents. However, because the minor's mental state is a part of her claims and the dealer's defense, the exception to the rules of evidence is triggered, thus making the records discoverable.
Court: Texas Supreme Court, Judge: Busby, Filed On: May 13, 2024, Case #: 22-1167, Categories: Evidence, emotional Distress, Discovery
J. Reeves finds for school defendants in false imprisonment claims because evidence does not indicate a teacher forcibly restrained a student, and dismisses disability discrimination claims brought against school staff as redundant to discrimination claims brought against the school. Claims contending a student suffered emotional distress after hearing the teacher use the N-word should also be dismissed. While the teacher's use of "an insensitive and blatantly racist word" would be inappropriate even if used for educational purposes, as claimed by the teacher, "outrageous conduct requires conduct so extreme in degree as to be regarded as atrocious." Here, the teacher had asked if anyone in the class was African American, and the student declined to raise her hand for feeling "embarrassed" and "singled out," and he contends she contends the word had been used in an educational context.
Court: USDC Eastern District of Kentucky, Judge: Reeves, Filed On: May 10, 2024, Case #: 2:23cv151, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education, emotional Distress
Per curiam, the Vermont Supreme Court finds the trial court properly ordered a neighbor to stay away from the property owner at all times and to stay 50 feet away from the boundary line between the parties’ properties. The neighbor alleges that her due process rights were violated because of insufficient evidence for the property owner’s claims of stalking and being threatened. The court’s findings were supported by the evidence and the neighbor’s claims do not provide a strong basis to reverse. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-359, Categories: Negligence, emotional Distress, Due Process
J. Steeh denies a school district dismissal of claims contending a school bus aide physically and verbally abused a seven-year-old child who suffers autism and emotional impairment because the aide, who had previous altercations with the student, lacked proper training to calm the child.
Court: USDC Eastern District of Michigan, Judge: Steeh, Filed On: May 8, 2024, Case #: 2:23cv11810, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Negligence, emotional Distress
J. Suarez finds sufficient evidence supported the lower court's decision in favor of the business owner on her emotional distress claims against the neighbor who photographed and tracked her movements after he suspected she was running a transportation business without a license, including the owner's testimony the neighbor conducted surveillance for more than two years before he submitted a complaint to the city's zoning committee. Additionally, testimony the owner complained to police at least 15 times and her raising her middle finger towards the neighbor's cameras on several occasions alerted the neighbor it was likely his actions would cause emotional distress and satisfied all elements of the claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 26, 2024, Case #: AC45775, Categories: Evidence, emotional Distress, Privacy
J. Lee finds that the lower court finds that the lower court improperly found in favor of the professor on his emotional distress counterclaims against a another professor who accused him of sexual assault in online posts, assessing damages of $700,000. No reasonable jury could find that the defendant professor acted in an outrageous manner by posting comments intended to inform students of the professor's notorious reputation. However, there is sufficient evidence that an accusing student's knowingly false allegations of rape are outrageous enough to support an emotional distress claim for $100,000. Reversed in part.
Court: 7th Circuit, Judge: Lee, Filed On: April 25, 2024, Case #: 23-1960, Categories: emotional Distress
J. Doty partially grants the wire service's motion to dismiss the oil and gas company founder's suit alleging that a story the wire service published incorrectly implied that he had been convicted of criminal activity rather than saying that he had been held civilly liable. It would be premature to determine on the current record whether the founder is a limited-purpose public figure, but he has nevertheless plausibly alleged actual malice. He has adequately pleaded defamation, defamation per se and defamation by implication, but has abandoned an intentional infliction of emotional distress claim.
Court: USDC Minnesota, Judge: Doty, Filed On: April 17, 2024, Case #: 0:23cv2983, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, emotional Distress
[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: Evidence, emotional Distress, Employment Retaliation
J. Starr finds that an employee who alleges that the owner of the company she worked for sexually harassed her on a daily basis and then fired her for not deleting harassing text messages he sent to her is entitled to back pay and compensatory damages in a default judgment. The employee’s pleading and the merits of her case are sufficient to meet required standards for a default judgment award. However, punitive damages are denied because, in total, with compensatory and back pay, the damages would exceed statutory limits.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 16, 2024, Case #: 3:22cv1181, NOS: Employment - Civil Rights, Categories: Civil Procedure, emotional Distress, Employment Discrimination
J. Trauger denies the fencing defendants' motions to compel arbitration of the claims in this lawsuit alleging that a fencing student was sexually abused by her fencing coach while the student was a minor. The U.S. Fencing Association, which is the "national governing body for the sport," contends that the organization's membership waiver contains an arbitration clause. However, as the plaintiffs argue, the organization litigated the case "for nearly a year before ever raising the issue of arbitration." The court concludes that the governing organization acted inconsistently "with an intention to arbitrate."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, emotional Distress
J. Ballou denies the university's motion to dismiss. The former student claims that she suffered sexual abuse at the hands of a university professor and that the university breached its duties under Title IX to investigate her complaints. The university eventually began an investigation under Title IX which ultimately led to the professor resigning, but the investigation took nearly 500 days to complete.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 3:23cv18, Categories: Education, emotional Distress
J. Zimmerer finds that the trial court properly granted the city's plea to the jurisdiction in a suit brought by the girlfriend of Mike Ramos, who was shot and killed by an Austin police officer in an incident following a 911 call that claimed a man and woman were in a car using drugs. The decedent's girlfriend failed to show a waiver of governmental immunity since her negligent infliction of emotional distress claim is "based on the commission of an intentional tort." Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 28, 2024, Case #: 14-23-00241-CV, Categories: Immunity, emotional Distress, Jurisdiction
J. Eaton finds the trial court properly granted summary judgment to Comcast, a cable company and a flagging company in this negligent infliction of emotional distress, negligence and loss of consortium claims brought by a wife and husband. The wife alleges she suffered PTSD and depression after she witnessed the cable company’s truck back up, hitting a flagger and crushing his skull. The husband alleges loss of consortium for having to care for the wife after the incident. The wife’s claims fail as a matter of law, and the husband’s claim is derivative of these failed claims. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: March 22, 2024, Case #: 23-AP-086, Categories: Negligence, emotional Distress
J. Earls finds that the trial court properly ruled in favor of the alleged paramour in this complaint brought by a former husband alleging alienation of affection. The former husband failed to show that his former wife and her coworker were romantically involved prior to the marital separation. Affirmed.
Court: North Carolina Supreme Court, Judge: Earls, Filed On: March 22, 2024, Case #: 294A22, Categories: Family Law, emotional Distress
J. Daniel partially grants Loyola University’s motion to dismiss a Title IX suit brought by a group of students who say the university mishandled and underreported their claims of sexual harassment on campus. The students’ complaint also accuses the university of failing to prevent sexual assault by repeat offenders and publishing false campus sexual assault statistics, and brings claims for fraud, premises liability, contract breach, negligence, emotional distress and violations of the Illinois Preventing Sexual Violence in Higher Education Act. The court dismisses all of these counts as well as a Jane Doe’s Title IX claims, citing, among other arguments, a lack of evidence and failure to state a claim. The remaining plaintiffs’ Title IX claims survive.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 18, 2024, Case #: 1:22cv6476, NOS: Education - Civil Rights, Categories: Civil Rights, Education, emotional Distress
J. Bolden grants, in part, the employer's motion to dismiss, ruling the employee's termination alone is insufficient to establish either negligent or intentional infliction of emotional distress claims, especially considering the employer merely enforced its drug policy when it discovered the employee used prescription painkillers and marijuana to alleviate back pain.
Court: USDC Connecticut, Judge: Bolden, Filed On: March 15, 2024, Case #: 3:23cv1054, NOS: Employment - Civil Rights, Categories: emotional Distress, Employment Discrimination
J. Meyer denies Home Depot's motion to dismiss, ruling the emotional harms suffered by the black woman who was falsely accused of being a thief and a getaway driver while in a store parking lot are sufficient to constitute a concrete harm and establish jurisdiction for her emotional distress claims. Although being accused of theft is not inherently racist, the employee used the words "you people" and "nigger" during his tirade, which is conduct sufficient to allow the emotional distress claims to proceed.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 12, 2024, Case #: 3:23cv415, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, emotional Distress, Jurisdiction
J. Johnston grants a number of Illinois State Police officers’ motion for summary judgment, and partially grants Rockford and its police officers' motion for summary judgment, on a slew of civil rights, conspiracy, emotional distress and due process claims brought by a man who spent 23 years in prison for a murder he didn’t commit. The man claims police fabricated evidence and coerced testimony against him, and similarly withheld evidence that might have helped his case. The court absolves the Illinois State Police from their role in the alleged conspiracy against the wrongly convicted man, but allows his due process and intentional infliction of emotional distress claims stand against all but two of the implicated Rockford police, who are dismissed from the suit. The man’s indemnification claim against Rockford itself also stands.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: March 11, 2024, Case #: 3:18cv50040, NOS: Other Civil Rights - Civil Rights, Categories: emotional Distress, Due Process, Police Misconduct