Showing posts with label Emotional distress. Show all posts
Showing posts with label Emotional distress. Show all posts
Tuesday, August 20, 2024

California expands the notion of "present at the scene" and "a contemporaneous sensory observance" of an accident for purposes of a claim for emotional distress of a bystander

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 You probably remember from law school the development of the law related to claims by bystanders for emotional distress at witnessing someo...
Friday, November 10, 2023

Passengers sue Alaska Airlines for emotional distress caused by off duty pilot's attempt to shut down an airplane's engines

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Three passengers who claimed to have suffered emotional distress as a result of a recent incident in an Alaska Airlines flight have filed a ...
Thursday, June 1, 2023

Federal Court denies motion to dismiss, allowing claim for emotional distress based on pre-impact terror to move forward

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As reported in Day on Torts : A federal judge in Chicago has agreed to allow a jury to consider whether airplane crash victims experience pr...
Monday, January 10, 2022

Strangely worded opinion in Indiana recognizes cause of action for emotional distress resulting from sexual abuse of a child, ... maybe?

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A few days ago, the TortProf Blog reported that "[t]he Indiana Supreme Court has extended negligent infliction of emotional distress....
Sunday, June 13, 2021

Trial related to destroyed frozen embryos raises interesting questions -- UPDATED again

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This story is updated below, at the end of the original post I just read a story on Courthouse News on a trial in which the plaintiffs are ...
Sunday, March 7, 2021

New York expands category of people who can recover for emotional distress from witnessing someone else's accident

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As you probably know, in most jurisdictions a plaintiff has a cause of action for emotional distress based on having witnessed someone else ...
Tuesday, August 27, 2019

Court rules white nationalist must pay $14 million in damages for anti semitic campaign

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A federal judge has ruled in an SPLC lawsuit that neo-Nazi leader Andrew Anglin must pay more than $14 million in damages for using his webs...
Saturday, July 6, 2019

Alaska reiterates its approach to bystander emotional distress claims, which is very different than the one used in most other jurisdictions

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As you probably know, back in 1968 the California Supreme Court created what has now become the majority approach to claims by people who su...
Sunday, May 5, 2019

New case claims injury based on negligent conduct by fertility clinic

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A few years ago I wrote an article criticizing a case in which the plaintiffs claimed to have suffered an injury because, due to the conduct...
Wednesday, May 9, 2018

Complaint filed against Southwest for emotional distress caused by failed engine

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At least one passenger has already filed a lawsuit over the mental trauma suffered on a Southwest flight that made an emergency landing earl...
Tuesday, May 10, 2016

Child has a claim for wrongful death even though father died before child was born

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The ABA Journal is reporting (with links to more information) that the Iowa Supreme Court has decided that a child whose father died before...
Tuesday, December 8, 2015

Charlie Sheen’s Ex-Fiancée Sues Over Sheen’s Failure to Disclose HIV Status; does she have a case?

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Charlie Sheen’s ex-fiancée sues over Sheen’s failure to disclose HIV status.  Does she have a case?  Two articles discuss the issues here a...
Saturday, October 10, 2015

Nevada upholds compensation cap

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Jurisdictions continue to rule differently when it comes to the constitutionality of legislative caps on compensation for non-economic injur...
Saturday, September 5, 2015

Court dismisses complaint for wrongful birth against sperm bank in case in which mother claimed damages because her child was not white

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Just about a year ago, I wrote about a complaint for the "wrongful birth" of a mixed race child filed in Chicago by a white mother...
Thursday, May 21, 2015

Illinois Supreme Court holds proximate cause applies to intentional tort claims, which precludes claim for death caused by suicide but contradicts itself in the process

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Back in April I wrote a comment on an oral argument before the Illinois Supreme Court in an interesting case that asked the court to recogn...
Sunday, April 5, 2015

Illinois Supreme Court considers whether to recognize a cause of action for wrongful death as a result of intentional infliction of emotional distress when the decedent commits suicide

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About two weeks ago, the Illinois Supreme Court heard oral arguments in an interesting case that asks the court to recognize a cause of acti...
Monday, March 30, 2015

Tennessee Appeals Court holds that the state's cap on non economic damages is unconstitutional

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A couple of weeks ago, a Tennessee circuit court judge ruled that the state's cap on non-economic damages is unconstitutional, likely tr...
Monday, November 3, 2014

Podcast on Georgia case regarding parents liability for negligence in handling child's use of social media

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A few days ago, I reported on a recent case in which the Georgia Appellate Court held that parents could be held liable for failing to super...
Monday, October 27, 2014

60 minutes segment on genetic testing

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Last night the TV show 60 minutes had a segment on issues related to genetic testing.  It did not discuss torts, but it did touch a little b...
Wednesday, October 22, 2014

Wall Street Journal mistakenly reports that Georgia Court held parents can be liable for conduct of their children

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Last week, the Wall Street Journal law blog published a story titled " Parents May Be Liable for What Their Kids Post on Facebook, Cou...