Emotional Distress Damages

News & Analysis as of

Appellate Court Notes

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Copyright Law Unavailable for Removal of Anti-Islam Video - Cindy Lee Garcia v. Google Inc. et al.

Overturning a hotly debated district court decision, in a case involving numerous amicus curiae briefs, the en banc Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion for a preliminary...more

6 Ways for Car Dealers to Avoid a $540,000 Sexual Harassment Jury Verdict

Many dealers took notice of the recent sexual harassment jury verdict against a Massachusetts Lexus dealer, in which a jury awarded $500,000 in punitive damages against the dealership although it awarded only $40,000 in...more

Montana Supreme Court Upholds $5 Million Punitive Award That Is Five Times The Compensatory Damages

Montana is known fondly to many as Big Sky Country, but it also is quickly gaining a reputation for big punitive damages awards. Not only are juries imposing breathtaking amounts of punitive damages with increasing...more

Court Reaffirms Preemptive Effect of Statute Protecting Aircraft Lessors

The District Court for the Northern Mariana Islands has reaffirmed the proposition that an aircraft lessor is shielded from liability for injuries to persons on board an accident aircraft when the lessor is not in possession...more

Quick Hits: Transgender Workplaces; Proving Emotional Harm; “Digital Natives”; Labor History in Schools

With Twitter, I’ve been doing less “recap” posts of late. Why? For the simple reason that you can get all of the posts I’ve read of late on Twitter....more

3 New Developments in Whistleblower Retaliation (Hint: Preventing Retaliation Takes More Than an Anonymous Whistleblower Hotline)

I find the ethics and compliance industry full of paradoxes. First, it has a reputation for being dry, dull… full of ‘heretofores’ and ‘thou-shall-nots’. But I think it’s anything but dull. Whistleblowers, bribery,...more

Recovery for Negligent Infliction of Emotional Distress Under California Law Gains a Greater Clarity

The recent decision in Wilson v. Southern California Edison Co., __Cal. App. 4th__, 2015 WL 522578, provides increased clarity into the California rule permitting claims for negligent infliction of emotional distress (NIED)...more

4th Circuit: 4 Year Statute Of Limitations Applies To SOX Claims

The Fourth Circuit recently held that SOX whistleblower retaliation claims are subject to a four-year statute of limitations and that emotional distress damages are available in SOX actions. Jones v. SouthPeak Interactive...more

Fifth Circuit Rules Revealing Whistleblower's Identity Is Materially Adverse Action

The Fifth Circuit Court of Appeals recently ruled that a notice revealing a whistleblower's identity to other employees can be considered a "materially adverse" action and violates the Sarbanes-Oxley Act of 2002 (SOX). The...more

The Point Of An Unenforceable Noncompete May Be Very Sharp Indeed

Writing for Mother Jones, Kevin Drum recently asked “What’s the point of an unenforceable noncompete agreement?” He posits two possible answers: First, it’s just boilerplate language they don’t really care about but...more

Eleventh Circuit Sustains Award To Employer In Whistleblower Case

In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6,...more

North Carolina Court Allows Emotional Distress Damages for Wrongful Discharge Claim

North Carolina courts recognize a limited exception to the normal employment at-will doctrine. If an employee is terminated for reasons that violate state public policy, the plaintiff may pursue a common law tort claim to...more

Land-Based Jones Act Seaman Status, Emotional Damages, And The “Zone Of Danger”

Fifth Circuit Affirms Jury Finding for Land-Based Worker to be Covered by Jones Act but Reverses Award of Emotional Damages in Naquin v. Elevating Boats LLC, No. 12-31258 (5th Cir., 3/10/14)....more

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not...

Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another...more

A Claim for Bad Faith is Not Eliminated By A Late Payment of the Insured’s Economic Damages

The United States District Court for the Southern District of California recently considered whether the carrier’s late payment of the insureds’ economic damages eliminated a claim for bad faith and held that it does not....more

California Moves to Reinstate Large Emotional Distress Damage Awards in “Mixed Motive” Cases

As regular readers of this blog know, it has been a busy summer for employment-related legislation in the California Legislature. Yet of all the bills currently wending their way through the legislative process, none would...more

Tenth Circuit Adopts a Broad View of What Constitutes Protected Activity Under Sarbanes-Oxley

In a recent decision, the Tenth Circuit approved the Department Of Labor Administrative Review Board’s broad view that Sarbanes-Oxley protects employees of publicly traded companies who blow the whistle on numerous types of...more

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

Tenth Circuit Holds Affidavit Sufficient To Avoid Summary Judgment On FCRA Emotional Damage Claim

Recently, the U.S. Court of Appeals for the Tenth Circuit affirmed in part and reversed in part a district court’s award of summary judgment to a mortgage servicer who provided a negative credit report after the borrower...more

Court Affirms that Emotional Distress Claims Cannot Arise from Post-Accident Conduct

Traditionally, personal injury claims have generally consisted of a plaintiff seeking damages for expenses and “pain and suffering” relating to physical injuries sustained as a result of an accident. Emotional distress is an...more

It’s a Whopper of a Case: Washington Supreme Court “Supersizes” Product Liability Statute

Following Burger King's alleged service of a "spit burger," a plaintiff filed a product liability suit alleging emotional distress damages. See Certification from the United States Court of Appeals for the Ninth Circuit in...more

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