News & Analysis as of

Emotional Distress Damages

McGlinchey Stafford

Standing Requirements Under FCRA Clarified by Second Circuit

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On December 6, 2024, federal courts in the United States Second Circuit issued a pair of decisions clarifying that borrowers must identify a concrete injury caused by the dissemination of inaccurate information to establish...more

JUSTICENTER

Are You Suffering from PTSD After a Car Accident?

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A car accident can shake you to the core. While your body may heal, the mental impact can linger long after the crash. If you’re still feeling anxious or can’t get rid of those flashbacks, you might be dealing with...more

Console and Associates, P.C.

What Victims of Dr. Oumair Aejaz Should Know About Filing a Lawsuit for Sexual Misconduct in New Jersey

Victims of sexual misconduct often endure overwhelming feelings of betrayal, humiliation, and trauma, especially in cases involving hidden cameras and predatory actions by trusted individuals. Dr. Oumair Aejaz, a Metro...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold: Homebuyer Files Action Alleging Breach of Warranty/Negligence in Circuit Court of Garland County, Arkansas

Georgia Lawrence (“Lawrence”) filed a September 20th Complaint in the Circuit Court of Garland County, Arkansas against Strategic Home Inspection, LLC (“SHI”) and Hamilton Wilson (“Wilson”) alleging certain causes of action...more

Haight Brown & Bonesteel LLP

Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme...

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent...more

McGlinchey Stafford

FDCPA Claim: District Court Grants Summary Judgment in Favor of Creditor

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On June 14, 2024, in Smitherman v. Midland Credit Mgmt. Inc., the United States District Court for the Western Division of Missouri granted summary judgment for a creditor on a plaintiff’s claim under the Fair Debt Collection...more

Smith Debnam Narron Drake Saintsing & Myers,...

What Can You Sue Your Ex-Spouse For?

Grounds for Suing an Ex-Spouse or Ex-Partner - Can you Sue Your Ex for Emotional Distress? In North Carolina, you may be able to sue your ex-spouse for intentional infliction of emotional distress or negligent infliction...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Tucker Arensberg, P.C.

Student Cannot Claim Damages for Emotional Distress or Negligence Arising from Hazing

Michael Reed V. Mount Carmel Area School District, Et Al., Case No. 4:23-Cv-00890 (M.d. Pa., October 3, 2023) U.S. District Court dismissed claims against School District for emotional distress under Title IX and for...more

Holland & Hart LLP

Non-Economic Damages in Pet Litigation: Developments in Washington State

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Washington State courts are steadily opening the door for pet owners to seek non-economic damages, such as emotional distress, for injuries to their pets. In the past, Washington courts have allowed emotional distress damages...more

McGlinchey Stafford

NY District Court: Legal Fees Are Sufficient for Standing in FDCPA Claims

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On May 20, 2024, the United States District Court for the Southern District of New York issued a decision holding that legal fees resulting from violations of the Fair Debt Collection Practices Act (FDCPA) constitute a...more

Buckingham, Doolittle & Burroughs, LLC

Revenge Porn Damages

In the age of digital connectivity, our lives are intricately woven into the fabric of the internet. This connectivity brings about unprecedented opportunities for communication but also exposes us to vulnerabilities...more

Rodemer Kane Attorneys at Law

Can I Sue My Insurance Company for Emotional Distress After a Car Accident?

Yes, following a car accident, you have the right to sue for various losses, like medical expenses, missed work earnings, the pain you've endured, and emotional distress. Emotional distress falls under the category of...more

Hinshaw & Culbertson LLP

Hinshaw Insurance Law TV | Bad Faith Law

Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly...more

WilmerHale

Year in Review: Top 2023 Data Breach Litigation Trends

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One of the main risks that a company faces after a data breach is a potential lawsuit. Plaintiffs often will allege creative statutory and common law theories of harm after they learn that their personal information has been...more

CDF Labor Law LLP

A New and Challenging Obstacle for California Employers’ Use of Experts in State Courts

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Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more

Proskauer - California Employment Law

New Trial Threat To California Employers Has Arrived

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more

Rivkin Radler LLP

The Employment Law Reporter: Winter 2024

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Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and...more

McGlinchey Stafford

Can I Lose the Ability to Compel Arbitration? - McGlinchey Commercial Law Bulletin - December 28 2023

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Intrusion Upon Seclusion- Feasby v. Logan, 3rd Appellate District Paulding County (Ohio Ct. App. 2023)- In this appeal, the Third Appellate District reversed the trial court’s decision to grant judgment on the pleadings...more

Holland & Hart LLP

Fluffy's Love Can't be Quantified: "Pet Parents" and Noneconomic Damages

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Is a beloved family cat a pet or a fur baby? Is a man who dresses his labradoodle in hand-knit booties a dog owner, or a pet parent? Increasingly, the language applied to animal companions has shifted from a property-based...more

Troutman Pepper

$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney...

Troutman Pepper on

Earlier this year, a district court for the Middle District of Florida upheld a jury award of $225,000 in punitive damages in a debt collection case finding the defendant’s conduct “reprehensible” based on the physical harm...more

Maron Marvel

Delaware Supreme Court Rules Manifestation of Physical Harm Required for Claim of Increased Risk of Illness

Maron Marvel on

Reaffirming Delaware’s position on medical monitoring claims apart from its neighboring states, the Delaware Supreme Court answered a question certified to it by the Third Circuit ruling that there must be a manifestation of...more

Constangy, Brooks, Smith & Prophete, LLP

Labor law roundup

I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...more

Buckingham, Doolittle & Burroughs, LLC

How to Prove Defamation Damages

Damages are an element to proving almost any civil claim, but is an essential element to all defamation and privacy claims. For those who have experienced online defamation and online harassment, it may seem obvious that you...more

Hinshaw & Culbertson - Lawyers for the...

Absolute Litigation Privilege Bars Claim for Intentional Infliction of Emotional Distress Even Where Conduct is Unreasonable

During the divorce proceedings of Stacy and Dru Goodman, Stacy discovered that Dru had hired investigators to surveil her for over three years. After the conclusion of divorce proceedings, Stacy filed suit against Dru...more

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