184 results for 'cat:"Emotional Distress"'.
J. Houston grants San Diego State University's anti-SLAPP motion to strike the student's state claims over disciplinary measures that were taken against him alleging that he participated in fraternity hazing. The negligence claims fail because the disciplinary charges were dropped with no negative remarks on his transcript and the student was able to graduate, so he did not suffer damages. His emotional distress claim fails because he provides only conclusory statements to support his allegations.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 28, 2024, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Anti-slapp, Negligence, emotional Distress
J. Seeger grants Netflix and the defendant documentarians’ motion to dismiss nearly two dozen tort, defamation, conspiracy, unjust enrichment and privacy claims brought by a woman who briefly appeared in a 2003 Kanye West music video, asking him for spare change. The woman claimed that when she appeared in the video she was at her lowest; in her complaint’s words, “broke, impoverished, disheveled, and desperate.” Clips of her from that time were included in the 2022 Netflix documentary series “Jeen-yuhs: A Kanye Trilogy,"” and she resented how she was represented in the series. However, the court finds that despite the unflattering representation, it was not materially false and thus not defamation, and further opines that she has not sufficiently alleged the rest of her claims.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 27, 2024, Case #: 1:23cv2392, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, emotional Distress, Privacy
J. Xinis grants a homeowner’s motion for summary judgment and denies a merger mortgage company’s cross motion for summary judgment in this RESPA case regarding money owed on a mortgage. The homeowner alleges he has suffered from emotional distress stemming from a form sent to credit reporting agencies, and a reasonable juror could find that he did in fact suffer the emotional distress. The court agrees with the lender, that the borrower may not seek statutory damages.
Court: USDC Maryland, Judge: Xinis, Filed On: February 22, 2024, Case #: 8:19cv2797, NOS: Other Statutory Actions - Other Suits, Categories: Property, emotional Distress, Banking / Lending
J. Seeger partially grants an Illinois school district’s motion to dismiss a slew of civil rights and ADA claims brought by the parent of a disabled child who faced intense bullying at school. As a result of the bullying, which the court notes the school district and its staff did little to stop, and in several instances made worse, the child suffered physical injuries and mental trauma including post-traumatic stress disorder. The court dismisses the ADA claims against two school administrators individually, but allows the claims against the district itself to stand. The court also dismisses the parent’s claim for procedural due process violations entirely and dismisses the substantive due process claims, again, only against the two individual administrators. The parent’s claim for intentional infliction of emotional distress stands.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 21, 2024, Case #: 122cv4512, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, emotional Distress, Due Process
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J. Bucklo rules on 20 separate motions in limine from a parent who says Chicago public school officials beat her son, and on nine separate motions in limine from the public school system itself, as the case moves closer to a possible trial.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: February 15, 2024, Case #: 1:19cv775, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Education, emotional Distress
J. Thompson finds that the lower court properly dismissed claims seeking damages for intentional infliction of emotional distress claims brought after plaintiff signed a release as co-administrator of her daughter's estate after her daughter died in an drunk driving accident caused by her son-in-law because plaintiff failed to state a claim upon which relief could be granted. Affirmed.
Court: Kentucky Supreme Court, Judge: Thompson, Filed On: February 15, 2024, Case #: 2022-SC-0438-DG, Categories: Damages, emotional Distress
J. Hurd preserves a hairstylist’s claims for defamation, intentional infliction of emotional distress and tortious interference with business relations that allege a beauty supply store in Schenectady, New York, falsely accused her of shoplifting and discussed the events in front of other customers, which ultimately hurt her business. She plausibly alleges the store’s allegations to local authorities were made with actual malice. The court also finds that the crime of shoplifting is considered a “serious crime” pursuant to a slander per se claim.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 1:23cv666, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, emotional Distress, Interference With Contract
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
J. Wilder-Doomes denies a request by the parish government of Baton Rouge to halt multiple civil rights suits alleging city police officers used a warehouse to strip-search and humiliate citizens during purported searches for illegal drugs. The parish has not established a stay of civil proceedings against officers of the street crimes unit at the so-called “BRAVE Cave” is warranted. No criminal charges have been filed and there is no information regarding the nature or extent of the overlap with any federal criminal investigation. However, the parish may re-urge its request for a stay, “if appropriate, as additional information develops.”
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes, Filed On: February 7, 2024, Case #: 23cv1313, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, emotional Distress, Police Misconduct
J. Williams denies, in part, the employer's motion for summary judgment, ruling the employee's emotional distress claim must be decided by a jury because if the termination process began when she attempted to return from medical leave, the embarrassment and humiliation from being replaced could support such a claim.
Court: USDC Connecticut, Judge: Williams, Filed On: February 6, 2024, Case #: 3:20cv821, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, emotional Distress, Employment Discrimination
J. Burkhardt denies the government's motion to compel the patient, who claims that the Department of Veterans Affairs' failure to diagnose and treat a retinal tear in his left eye left him with permanent injuries, to undergo a mental health exam. The government has failed to meet its burden to show that the patient placed his mental condition in controversy. The amount of emotional distress damages the patient seeks does not, by itself, justify a court-ordered mental health examination.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: February 2, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: emotional Distress, Discovery, Medical Malpractice
J. Wilkin finds the estate's failure to file an affidavit of prejudice with the Ohio Supreme Court to seek recusal of the trial court judge - the only avenue for such relief - prevents this court from reviewing its claim of bias, which must be dismissed. Meanwhile, the lower court properly dismissed the estate's claims against family services and its employees because allegations of an insufficient investigation into the decedent's death are not supported by any tort law or cause of action in the State of Ohio. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 2, 2024, Case #: 2024-Ohio-437, Categories: Judiciary, emotional Distress, Wrongful Death
J. Seeger grants a credit reporting company’s motion to dismiss two debtors’ injury and emotional distress claims. The credit company mistakenly reported the debtors had several thousand dollars in outstanding debt when in reality those debts had been written off in bankruptcy. Despite this, the company also reported that the debtors were making timely payments on the debts, reflecting positively in their credit reports. Because the court finds the debtors failed to show any tangible injury from the mistakes, it dismisses the claims for lack of standing.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 1, 2024, Case #: 1:22cv617, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, emotional Distress
J. Peterson grants a motion in limine from the school district, the former teacher and other district employees seeking to define "garden variety emotional distress" as pertains to the scope of discovery and evidence in a lawsuit from former high school students claiming the former teacher secretly made video recordings of them in hotel rooms during field trips, occasionally while they were naked. The parties will proceed with a definition of garden variety emotional distress that includes, in part, that it is "emotional distress within the range of what a healthy, well-adjusted person would feel as a result of defendant's conduct." The students may claim they have suffered this kind of harm without waiving their right to keep their mental health records private, yet they also must give up any claims to more severe forms of emotional distress.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 31, 2024, Case #: 3:21cv683, NOS: Other Civil Rights - Civil Rights, Categories: emotional Distress, Discovery
J. Fearing finds that the lower court improperly denied the recovery of emotional damages and a jury trial for damages for two people who lost a horse they had just bought during the boarding process. A jury trial is guaranteed for private actions such as this under the Consumer Protection Act, and a claimant is allowed to recover emotional distress damages for the loss of livestock under the Theft of Livestock Act. Reversed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: January 23, 2024, Case #: 39450-6-III, Categories: Civil Procedure, Damages, emotional Distress
J. Xinis grants, in part, Walmart’s motion to dismiss the employment dispute brought by a former Black male employee alleging race discrimination, sexual harassment, workplace assault and harassment, negligent supervision and retention, emotional distress, and retaliation. The former employee fails to plausibly connect the reallocation of his job duties to his use of administrative remedies on the sexual harassment and retaliation claims, and fails to make a plausible claim for the other claims. The former employee has 21 days to file an amended complaint and Walmart has 14 days after the filing to respond.
Court: USDC Maryland, Judge: Xinis, Filed On: January 22, 2024, Case #: 8:23cv1131, NOS: Employment - Civil Rights, Categories: emotional Distress, Employment Discrimination, Employment Retaliation
J. Mortensen finds that the district court properly granted summary judgment to a mother on her adult daughter's emotional distress claims. The mother's communications with her daughter were attempts at reconciliation, though possibly insensitive to the history of sexual abuse by the mother's husband that led to the daughter's removal from the mother's home as a child. The daughter's negligent sexual abuse claim failed because a neighbor's warning to the mother about her husband's inappropriate behavior around children was not sufficient to put the mother on notice that her daughter was at risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: January 19, 2024, Case #: 20220207-CA, Categories: Negligence, emotional Distress
J. Benavides finds that the trial court properly granted summary judgement in favor of a couple, the Galvans, on defamation and emotional distress claims against another couple, the Crews. Some of the claims were properly dismissed based on the Texas Citizens’ Participation Act, while the others were barred by res judicata. The Crews couple allege the trial court extended the summary judgment deadlines in violation of the scheduling order. However, the court overrules this allegation due to no authority being cited or adequately briefed. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 18, 2024, Case #: 13-22-00289-CV, Categories: Anti-slapp, Defamation, emotional Distress
J. Kirsch allows the stepsister to continue with her amended complaint alleging that she was sexually assaulted by her four adult stepbrothers when she was a minor in the 1970s. There is no bad faith or dilatory motive in the woman's amendments, as the proposed amendments only add details in response to the stepbrothers' claims that the complaint lacked specificity. The complaint was timely filed because the statute of limitations had been tolled due to the Covid-19 pandemic.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 17, 2024, Case #: 3:21cv20270, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, emotional Distress
J. Hunt denies a school board’s motion to dismiss intentional infliction of emotional distress and failure to protect claims, brought by the parent of a bullied child. Over the course of several years, the child suffered repeated acts of physical and sexual assault by other students, including being stabbed with pencils, being kicked and punched, and having his genitals groped. The parent says teachers and staff knew of these incidents and were indifferent to them, and the court finds the parent alleged these claims sufficiently to survive dismissal motions.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 16, 2024, Case #: 1:22cv4745, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, emotional Distress, Assault
J. Reiber finds that the trial court properly entered a civil stalking order against a citizen to protect his neighbor following two altercations concerning a private road they shared. The citizen argues that the trial court erred in considering his two acts of physical violence as threats, and his actions were privileged in defense of personal property. The neighbor had to seek medical attention after the second incident and fears for her safety. His behavior does qualify as threatening and the citizen’s actions were not a defense of property.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: January 12, 2024, Case #: 23-AP-221, Categories: Property, emotional Distress, Restraining Order