Sentences with phrase «of emotional distress against»

The purchaser asserted claims for civil rights violations, negligent misrepresentation, fraud, negligence, and infliction of emotional distress against the real estate broker who handled the transaction.

If counsel wishes to allege intentional infliction of emotional distress against the wife's lover, counsel must be careful to allege all the necessary elements of the tort, and not rely on the mere fact of adultery as the outrageous conduct.

Typical of the court's reaction to a suit for intentional infliction of emotional distress against a spouse's lover is Scamardo v. Dunaway, 650 So.

Not exact matches

If Phelps and his co-defendants are liable for the intentional infliction of emotional distress in this case, what is to prevent another judge and jury from ordering monetary damages in a case against the owners of the proposed Islamic community center near ground zero for inflicting emotional distress on the families of 9/11 victims?

He has filed a suit in Massachusetts Superior Court for defamation, intentional infliction of emotional distress and invasion of privacy against one of the parents who complained.

The mother has filed a lawsuit against the shop for her «severe embarrassment, severe shame, severe humiliation, severe emotional distress and loss of dignity.»

Finally, LASIS is dubious about a possible negligence or intentional infliction of emotional distress case against Notre Dame.

You can lodge a product liability lawsuit against the maker of the table saw and receive compensation for damages including your medical expenses, hospitalization, surgery, rehabilitation, lost income, emotional distress, and for the pain and suffering you have experienced.

As is true with respect to actions against daycare centers and their employees for emotional abuse, a civil action against a private babysitter for emotional abuse of a child entrusted to the babysitter's care may be brought as an action for the intentional infliction of emotional distress.

With the help of an expereienced Scranton Personal Injury attorney at Rogan Law, you can file a lawsuit against the person responsible for your injuries, and seek damages for your pain and suffering, emotional distress, medical expenses, future medical bills, lost wages, and decreased enjoyment of life.

Nye wonders whether suits against the state or other participants in the process for emotional distress, or standard pretrial waivers of any such claims, are coming next.

By taking legal action against the driver who was texting at the time of your accident, it may be possible for you to receive monetary damages to pay for all of your medical expenses and your lost income and reduced future earning power, as well as compensation for your pain, suffering and emotional distress.

After a doctor has a medical malpractice filed against him or her, the doctor may feel a great amount of anxiety or emotional distress.

By now, you've probably seen the news about Albert Snyder's successful lawsuit against the Phelps family and the Westboro Baptist Church of Topeka, for invasion of privacy and infliction of emotional distress arising out of the church members» protests outside Snyder's marine son's funeral, bearing signs proclaiming slogans like «Thank God for Dead Soldiers.»

Iowa's headline - making may well lead other courts to take a close look at similar cases and consider the application of their existing law as well; it may also embolden clients to seek emotional distress damages when they otherwise would have expected the general rule against them to be followed.

In fact, he «won an $ 11 million verdict against the church for intentional infliction of emotional distress, among other claims.»

Accord Van Meter v. Van Meter, 328 N.W. 2d 497 (Iowa 1983)(intentional infliction of emotional distress may be available against a third party for conduct that leads to the dissolution of a marriage); Spiess v. Johnson, 89 Or.

1999)(mere adultery, though persistent, can not rise to level of intentional infliction of emotional distress); Weicker v. Weicker, 22 N.Y. 2d 8, 290 N.Y.S. 2d 732 (1968)(strong policy reasons weighed against applying intentional infliction of emotional distress to dispute arising out of matrimonial differences); Wilson v. Still, 819 P. 2d 714 (Okla. 1991)(act of woman stealing plaintiff's husband was not sufficiently outrageous); Rosenthal v. Erven, 172 Or.

When the Chaparros filed their lawsuit against Carnival arising out of their daughter's death, and also brought a claim on behalf of her brother for the intentional infliction of emotional distress, the United States District Court Judge dismissed the claim, ruling that under the federal pleading standards, the Plaintiffs had failed to properly state a claim for relief.

The trial court granted a «summary judgment» against the mother on her claims of negligent infliction of emotional distress but, sustained the claim of the sibling.

The couple then proceeded to file a complaint against ABLA for negligence, fraud, breach of contract and fiduciary duty, infliction of emotional distress.

The Court seemed to conflate free speech jurisprudence with case law on the intentional infliction of emotional distress, by applying the content - based restriction doctrine of the First Amendment to the tort claim, instead of anaylzing them separately and weighing them against each other.

The court held that the ex-husband was entitled to reimbursement for support up to the child's 22nd birthday, the ex-husband did not have fraud, intentional infliction of emotional distress or an unjust enrichment claims against the biological father, the biological father did not have a cross-claim for contribution against the mother, since she had paid her share of support.

The Ontario Victims» Bill of Rights states that a person convicted of one of a prescribed list of crimes of violence against persons «is liable in damages to the victim of crime for emotional distress and bodily harm» that has occurred as a result.

Our clients retain us to defend them against claims involving: premises liability, construction accidents, truck and automobile accidents, wrongful death, pharmacy misfills, fraud and misrepresentation, assault and battery, false imprisonment, defamation, negligent hiring and supervision, negligent and intentional infliction of emotional distress, among others.

The lawsuit alleges causes of action against Uber for Negligence, Negligent Hiring, Negligent Supervision, And Negligent Retention, Fraud, Battery, Assault, and Intentional Infliction of Emotional Distress.

Obtained a summary judgment as lead counsel in a sexual harassment, assault and intentional infliction of emotional distress claim against corporate officer

Nonsmokers have filed lawsuits against landlords or fellow tenants on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

The plaintiffs then brought suit against the various defendants, asserting claims for, inter alia, fraud, intentional infliction of emotional distress, breach of contract, negligence, negligence per se, and conversion.

The appeal court said in its decision that the personal concerns of public embarrassment are not enough by themselves to justify non-publication or sealing orders and said assessing emotional distress versus emotional harm is a matter of degree to be measured against the media's right to report on court proceedings.

You're not able to lean into the comforting arms of your relationship when emotional safety is lacking — in fact, your relationship ends up causing you pain rather than acting as a buffer against distress.

A parent who has had a child alienated from them by the acts of the other parent could make out a claim against the alienating parent to establish a cause of action for intentional infliction of emotional distress.

(i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.

Among other benefits, breastfeeding: stimulates the release of the hormone oxytocin in the mother's body promoting bonding between mother and baby; satisfies baby's emotional needs; provides superior nutrition; helps prevent maternal breast cancer, endometrial cancer, ovarian cancer and osteoporosis; helps prevent future breast cancer in infant girls; promotes higher infant IQ; helps pass baby's meconium; provides immunization against disease; is more digestible than formula; aids in mother's post-partum physical recovery; helps protect the infant from Crohn's disease, juvenile diabetes, allergies, asthma, SIDS, hemophilus b. virus, cardopulmonary distress, ulcerative colitis, necrotizing enterocolitis, and other medical problems; enhances vaccine effectiveness, and is a natural contraceptive.

The Buyer brought a lawsuit against the Developer, claiming that the Developer misrepresented the Neighbor's disruptive behavior and alleged negligent misrepresentation, consumer fraud allegations, and negligent infliction of emotional distress.

The allegations against the Seller were for breach of contract, misrepresentation, and intentional infliction of emotional distress, while it was alleged that the Brokerage breached the state's unfair or deceptive trade practices act («Act»).