6 results for 'cat:"Emotional Distress" AND cat:"Jurisdiction"'.
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. 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. Sutton finds the lower court erroneously dismissed a fired CEO's tort claims against comedian Kathy Griffin because her tweets, which tagged the CEO's company and were shared with more than two million followers, provided the necessary contacts in the state of Tennessee to establish jurisdiction for the CEO's tort claims. Griffin revealed the CEO lived outside Nashville and urged her followers to contact his employer, a Tennessee-based company, to fire him, all of which directly targeted Tennessee and established jurisdiction for his tort claims. Reversed.
Court: 6th Circuit, Judge: Sutton, Filed On: October 31, 2023, Case #: 23-5257, Categories: Tort, emotional Distress, jurisdiction
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
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