Wednesday, February 13, 2013

Update on Washington case on emotional distress: federal court follows state supreme court's lead and recognizes cause of action

A few days ago I reported that the Washington Supreme Court held that a plaintiff could support a claim for emotional distress absent physical injury.  As a explained in that post, the issue arose in a federal case and the federal court asked the Washington Supreme Court for guidance.  Now comes news that, In light of the Washington Supreme Court’s decision, the federal court of appeals concluded that the plaintiff must be given another opportunity to amend his complaint, and remanded to the district court to determine whether the plaintiff after amendment has pled the necessary facts to support his emotional damages claim.  Bloomberg news has a report here and the actual opinion is available here.

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