Sentences with phrase «outrageous conduct»

Most of it comes from Churchill's fairly outrageous conduct in some cases, like dictating to his assistant Elizabeth (Lily James) while sitting in a tub — or when Churchill flashes a backward V sign for victory to photographers, only to be told by Elizabeth later that the gesture means «up your bum.»

Seduction of a spouse, the courts have held, is simply not outrageous conduct directed at the other spouse.

Second, the Court of Appeals found that the plaintiffs» intentional infliction of emotional distress claims also failed because there was insufficient evidence of outrageous conduct on the part of the hospital.

Factors include outrageous conduct for a lengthy period of time without any rational justification, the defendant's awareness of the hardship it knew it was inflicting, whether the misconduct was planned and deliberate, the intent and motive of the defendant, whether the defendant concealed or attempted to cover up its misconduct, whether the defendant profited from its misconduct, and whether the interest violated by the misconduct was known to be deeply personal to the plaintiff.

It also includes a case study of how Wells Fargo's outrageous conduct somehow earned it the distinction of being the biggest winner from the Trump - Republican tax bill.

Another tort that some, but not all Texas appellate courts have acknowledged (which the Texas Supreme Court declined to resolve in Diamond Shamrock is the tort of intentional infliction of emotional distress defined in the Restatement (Second) of Torts § 46 (1965): «One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress...»

1987)(average member of community would not consider affair with wife outrageous conduct to husband); Kunau v. Pillers, Pillers & Pillers, 404 N.W. 2d 573 (Iowa Ct..

As the Supreme Court of Canada has repeatedly observed, punitive damages are to be reserved for truly outrageous conduct where the other remedies that the defendant must bear will fall short of an adequate punishment.

In Colorado, dog bites are governed by statute, and claims under the statute can be brought in addition to negligence claims, claims for negligence per se, and sometimes outrageous conduct claims.

Pitino also filed a civil suit against Adidas in October for what he called «outrageous conduct in conspiring to funnel money to the family of a college basketball recruit... all without Coach Pitino's knowledge, participation, or acquiescence.»

Second, the PETA employees once again argued that stealing and killing a dog is not outrageous conduct and should not give rise to punitive damages.

Both these factors may be considered in assessing the existence of extreme and outrageous conduct on the part of the defendant.

«This was outrageous conduct.

In a letter to the network's lawyers obtained by New York, the attorneys state: «Not once did Ms. Efinger step in or attempt to interfere with Ms. Slater's outrageous conduct.»

«Weinstein's wrongful and outrageous conduct has not just deprived Ms. Judd of the specific opportunity to play a prominent role in a blockbuster film trilogy; it has had a long - lasting ripple effect on her whole career,» the complaint said.

«This is very clear and outrageous conduct,» Lerner said.

Finally, the Court overruled PETA's argument that stealing and killing a dog is not «outrageous conduct» required for awarding of punitive damages.

Third, though the Court already ruled against PETA on the issue once, the PETA employees once again argue that stealing and killing a dog is not outrageous conduct and should not give rise to punitive damages.

The tort of intentional infliction of emotional distress is committed when one engages in extreme and outrageous conduct that is intended to cause, and does in fact cause, severe mental anguish and distress in a victim.

(d) Was the outrageous conduct of the defendants the actual and proximate cause of the emotional distress?

Actions that might have been acceptable if seldom engaged in or engaged in only once may be seen to constitute extreme and outrageous conduct on the part of a defendant if they have been engaged in repeatedly.

If another person's outrageous conduct has caused you to suffer emotional distress, you may be entitled to compensation.

In order to be guilty of inflicting emotional distress, a defendant must have engaged in outrageous conduct.

Instead, they are awarded to punish a defendant for his or her outrageous conduct.

Further, the burden of outrageous conduct is a heavy one.

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.

Emotional Distress — distressed or harm resulting from libel, slander, or defamation of character, from breach of certain kinds of warranties, or outrageous conduct.

In the words of the Supreme Court, «to succeed on a claim for intentional infliction of emotional distress, a plaintiff must demonstrate that the defendant intentionally or recklessly engaged in extreme and outrageous conduct that caused the plaintiff to suffer emotional distress».

The Ontario Superior Court of Justice awarded Alan Gordon («Alan») $ 100,000 in punitive damages due to the outrageous conduct of the defendant employer, Altus Group Limited («Altus»), when they fired him.

If we can, we will also present evidence of any outrageous conduct by the defendant during this phase of the case, so as to claim punitive damages.

Public Justice's cases typically involve suits against irresponsible corporations, the government, or powerful individuals for outrageous conduct that has resulted in injury.

Punitive damages for wrongful death are rare in Colorado, and apply only if the death was caused by the defendant's outrageous conduct.

It encompasses scandalous or outrageous conduct but it also encompasses milder forms of misconduct deserving of reproof or rebuke.

(i) extreme and outrageous conduct; (ii) intent to cause, or disregard of a substantial probability of causing, severe emotional distress; (iii) a causal connection between the conduct and injury; and (iv) severe emotional distress.

The first element — outrageous conduct — serves the dual function of filtering out petty and trivial complaints that do not belong in court, and assuring that plaintiff's claim of severe emotional distress is genuine (see, Prosser, Insult and Outrage, 44 Cal L Rev, at 44 - 45; compare, Mitchell v Rochester Ry Co., 151 NY, at 110).

The change is with respect to the criterion of the Prinzo test that, the flagrant or outrageous conduct must be «calculated to produce harm.»

It encompasses scandalous or outrageous conduct but it also encompasses milder forms in its conduct deserving of reproof or rebuke.