9 results for 'cat:"Evidence" AND cat:"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
[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. 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. Martin declines to find for either party in personal injury claims involving a plot to physically attack plaintiff, here substituted by his estate, because much of the evidence was hearsay, and judgment favoring either party is not appropriate at this time.
Court: USDC Northern District of Indiana, Judge: Martin, Filed On: February 7, 2024, Case #: 1:17cv223, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, emotional Distress
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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. 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. 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. 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