10 results for 'cat:"Tort" AND cat:"Emotional Distress"'.
J. Mazzant grants summary judgment to the apartment complex owner and dismisses most of a former tenant's claims that stem from his arrest by federal agents for threatening messages he posted on social media while in Washington, D.C. on January 6, 2021. The former tenant's claim for wrongful eviction fails since the evidence indicates he "voluntarily vacated his apartment" when the apartment owner posted a notice to vacate. Also, the invasion of privacy claim fails since it was federal law enforcement who executed the search warrants and arrested the tenant at his apartment, and the apartment owner's disclosure of the tenant's rental application to the federal agents was not an "act of intrusion."
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: January 3, 2024, Case #: 4:22cv787, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, tort, emotional Distress
J. Stiglich finds the district court properly entered a default judgment awarding damage for emotional distress and extorted money. The internet company employee threatened to publish the CEO's personal information, extorting money and cryptocurrency. Although the extortion claim was not properly pleaded in the action, the claim is supported by theories of conversion and unjust enrichment.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 28, 2023, Case #: 85214, Categories: tort, emotional Distress, Civil Extortion
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. Gaertner finds that the lower court properly found for the infertility clinic in a suit stemming from its fertilization of the wife's eggs with semen she provided - which was from her paramour, rather than her husband. The husband had multiple opportunities to realize that the sperm used to create the embryo transferred to a surrogate could not have been his, because it predated the lone sample he provided to the clinic. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: September 26, 2023, Case #: ED111405, Categories: tort, emotional Distress
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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. 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. 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. Jenkins partially grants one nman’s motion to dismiss intentional tort and privacy violation claims brought by his former friend, who sues because he says the defendant engaged in a monthslong campaign to manipulate and gaslight him and his boyfriend, to the point of accessing their electronic devices without permission and lying that the suing man’s boyfriend was cheating on him. The court allows all but one of the plaintiff’s 12 claims to survive, only dismissing a negligent supervision claim against the defendant’s business.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: May 9, 2023, Case #: 1:22cv2344, NOS: Other Statutory Actions - Other Suits, Categories: tort, emotional Distress, Privacy