184 results for 'cat:"Emotional Distress"'.
J. Trauger grants the two dismissal motions filed in this lawsuit brought by a former fraternity pledge who alleges that he was subjected to racial discrimination and "intense hazing." As to one of the fraternity members, there are no facts alleged to show that he "participated in tortious conduct." Another is alleged to have "regularly used racial slurs," but the complaint fails to show that the member "breached a duty to the plaintiff or caused him serious emotional injury."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 8, 2024, Case #: 3:22cv808, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education, 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. Vasquez finds a lower court improperly denied a minor child's guardian's motion to allow her to testify in court alongside her facility dog. A judge ruled that the child was only entitled have her service dog accompany her before and after trial in the back of the courtroom. However, the state presented sufficient evidence in court that the service dog's presence would not "bolster" the credibility of a witness. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Vasquez, Filed On: December 29, 2023, Case #: 2 CA-SA 2023-96, Categories: Civil Rights, emotional Distress
J. Walters finds the Appeals Court properly overturned the trial court’s dismissal of an individual's negligence claim after her husband was accidentally shot and killed on a camping trip and struck her claim for emotional distress damages. “Plaintiff has pleaded facts sufficient to give rise to a legally cognizable common-law negligence claim for emotional distress damages.” Reversed.
Court: Oregon Supreme Court, Judge: Walters, Filed On: December 29, 2023, Case #: S069409, Categories: Negligence, emotional Distress, Firearms
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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. Lawson grants the county summary judgment in claims contending officials fabricated evidence to falsely convict plaintiff of murder in 1994 because plaintiff released the county from liability by accepting a settlement under Michigan’s Wrongful Imprisonment Compensation Act. However, a detective may have fabricated critical incriminating evidence, and thus claims may proceed against her.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: December 19, 2023, Case #: 2:21cv12070, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, emotional Distress
J. Mahan denies the school district's motion to dismiss the claims of intentional infliction of emotional distress filed by the parent of an autistic 5-year-old. A teacher's assistant allegedly witnessed a teacher abusing the special education student on many occasions, and the teacher allegedly locked the child in a darkened bathroom for singing a nursery rhyme, regularly left students unattended, used corporal punishment and pain-compliance techniques, and modified her classroom door so that it could not be opened by the students.
Court: USDC Nevada, Judge: Mahan , Filed On: December 18, 2023, Case #: 2:23cv564, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, emotional Distress
J. Contreras grants default judgment and awards more than $49 million to a man who was held and tortured by the Syrian Arab Republic for more than 1,200 days. He has shown Syria is liable for intentional infliction of emotional distress, false imprisonment and battery.
Court: USDC District of Columbia, Judge: Contreras, Filed On: December 8, 2023, Case #: 1:21cv2730, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism, Damages, emotional Distress
J. Nagala grants, in part, the employer's motion to dismiss, ruling the employee's hostile work environment claims are in no way related to the charges raised in her administrative complaint with the Connecticut Commission on Human Rights and Opportunities and, therefore, must be dismissed for a failure to exhaust administrative remedies. Furthermore, the employer's decision to send the employee home on a day where she experienced extreme morning sickness and her ultimate termination for "a lot of medical issues" cannot be used as the basis for an emotional distress claim.
Court: USDC Connecticut, Judge: Nagala, Filed On: December 7, 2023, Case #: 3:23cv684, NOS: Employment - Civil Rights, Categories: Civil Procedure, emotional Distress, Employment Discrimination
J. Boasberg grants, in part, a motion for default judgment filed by victims of Al-Qaeda terrorist attacks and their families. An estate and family members have sufficiently supported their claims for wrongful death and intentional infliction of emotional distress.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: December 5, 2023, Case #: 1:20cv3859, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism, emotional Distress, Wrongful Death
J. Breder denies as moot a former employee’s motion to enter physical exhibits and the employer’s motion to dismiss the complaint in this employment lawsuit. However, the employee did indicate the that he is “unable to function” due to the incident of being detained and arrested by the employer. The court will grant the employer’s motion to dismiss the amended complaint, giving the employee leave to amend his emotional distress and conspiracy claims only.
Court: USDC Maryland, Judge: Bredar, Filed On: November 30, 2023, Case #: 1:23cv1993, NOS: Employment - Civil Rights, Categories: Employment, emotional Distress
J. Brann dismisses certain employment discrimination claims contending a 49-year-old family medicine resident had been subjected to a non-consensual neuropsychological evaluation and denied transfer to the Guthrie/Robert Packer Hospital's anesthesiology program in retaliation for requesting adaptive learning materials for attention deficit disorder. The resident failed to prove the hospital intended to cause emotional damage or that the hospital had been contractually obligated to grant the transfer.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 22, 2023, Case #: 4:23cv1136, NOS: Employment - Civil Rights, Categories: Employment, emotional Distress, Contract
J. Trauger grants the dismissal motions filed by the metro defendants and the district attorney defendants in this lawsuit brought by a property owner who allegedly experienced "flooding and erosion issues" and did not receive help from the water services department in mitigating the problem. The property owner's claims for malicious prosecution, libel and intentional infliction of emotional distress should all be dismissed against the metro defendants. Also, the district attorney defendants are "immune from suit on claims against them for actions taken in their role as advocates for the state."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 16, 2023, Case #: 3:22cv936, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Defamation, emotional Distress
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. Gordon grants Hilton’s motion to dismiss this suit alleging disability discrimination, harassment and retaliation brought by the former employee. Claims focus mostly on conduct by police, who the employee says have harassed and stalked her at Hilton’s direction. The allegations are conclusory and do not plausibly allege extreme and outrageous conduct or severe emotional distress.
Court: USDC Nevada, Judge: Gordon, Filed On: October 23, 2023, Case #: 2:23cv988, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: emotional Distress, Employment Discrimination, Employment Retaliation
J. Hodges finds that the trial court properly entered a default judgment awarding the individuals damages in a negligence and emotional distress action arising after they were forced to hide in their vehicle during a hail of gunfire at an apartment complex owned by the company. The allegations in the individuals' complaint sufficiently showed that violent crimes had occurred on the property before and that the company should have foreseen that the incident at issue in the action could have occurred. The complaint also set forth sufficient allegations to support a claim for emotional distress damages under the pecuniary loss exception to the impact rule. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A1079, Categories: Damages, Negligence, emotional Distress
J. Leinenweber denies a Mexican airline’s motion for leave to take a second deposition on this negligence case brought by a survivor of a 2018 airplane crash. The survivor was on the plane headed from Durango, Mexico, to Chicago and she suffered multiple physical and emotional injuries when the airline’s plane crashed shortly after takeoff, including a brain injury. The court grants the survivor’s motion to quash the airline’s subpoena seeking a second deposition.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: October 17, 2023, Case #: 1:18cv5540, NOS: Airplane - Torts - Personal Injury, Categories: emotional Distress, Experts, Aviation
J. Neals dismisses nearly all claims contending a coworker falsely submitted a corrections officer's name for membership to the Ku Klux Klan, that the coworker threatened other officers, and that he secretly recorded officers' phone calls. Evidence did not indicate the coworker was acting within his job duties while recording the officers, and none of the coworker's actions caused the officers loss of prospective gain. Meanwhile, one officer had been fired for excessive absenteeism, and evidence did not indicate discipline had been retaliatory.
Court: USDC New Jersey, Judge: Neals , Filed On: October 13, 2023, Case #: 2:17cv2875, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Negligence, emotional Distress
J. Martin finds for a high school accused of failing to take appropriate action after a coach struck a student in the face during wrestling practice. The principal, who barred the coach from working at the high school but not from coaching at wrestling camp, lacked authority to institute a policy, and slapping the student had not violated the student's constitutional rights.
Court: USDC Northern District of Indiana, Judge: Martin , Filed On: October 13, 2023, Case #: 2:21cv219, NOS: Education - Civil Rights, Categories: Education, Negligence, emotional Distress
J. Perluss finds the county court improperly issued the civil harassment protective order in favor of the attorney who represented the husband in proceedings alleging domestic violence brought by the wife, and against the wife’s attorney. Though an employee testified that the attorney, seeking documents at the other attorney’s office, wedged himself in the door when asked to leave and took his phone out to record as he exclaimed “You’re hurting me!,” though inappropriate, certain of the conduct was partially protected and failed to cause severe emotional distress. The evidence does not support the order. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 4, 2023, Case #: B311524, Categories: emotional Distress, Restraining Order, Attorney Discipline