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Intentional Infliction of Emotional Distress

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2024 #3

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The cofounders of FanDuel are stepping up their efforts to recoup lost equity from the company’s 2018 acquisition by European bookmaker Paddy Power Betfair, which later rebranded to Flutter Entertainment....more

Kohrman Jackson & Krantz LLP

Victims of Concealed Online Attacks in Ohio Now Have More Time to File Suit

Last week, the Ohio Supreme Court ruled that victims of anonymous online attacks have an extension of time to file a lawsuit, holding that they can file a suit one year from date the targeted publication is discovered. This...more

Freiberger Haber LLP

Collateral Estoppel Held Not To Bar Later-Filed Malpractice Action

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In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal malpractice, breach of fiduciary duty, and intentional infliction...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

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

Kohrman Jackson & Krantz LLP

Are We Dating the Same Guy? The Legal Implications of Posting your Dates on Facebook

“Are we Dating the Same Guy” groups on Facebook are everywhere. If you’re single and dating in 2024, chances are, you or someone you know is a group member. The groups, which started in New York City in 2022, serve as a...more

Fox Rothschild LLP

Gaslighting: The Word of 2023 That Deserves Attention

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While we’re only in November, I’m ready to join Merriam-Webster in declaring 2023 word of the year: gaslighting. This term has been on the tip of everyone’s tongue, and for good reason. Gaslighting has gained notoriety for...more

Constangy, Brooks, Smith & Prophete, LLP

You asked for it, Kathy Griffin.

Ex-CEO's lawsuit against the comedian/activist will proceed. Who ever thought personal jurisdiction could be interesting? In April 2021, the CEO of a telehealth company was eating dinner with his wife at a hotel in a suburb...more

Buckingham, Doolittle & Burroughs, LLC

What is an Anti-SLAPP Statute?

If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more

Genova Burns LLC

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

Genova Burns LLC on

On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...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

Holland & Knight LLP

Owner of Bored Ape NFTs Fends Off Challenges from Conceptual Artists

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Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more

Venable LLP

Truth Remains an Absolute Defense Against Defamation Claims

Venable LLP on

​​​​​​​A Michigan State Court recently dismissed claims against Euclid Media Group, the parent company to several media properties, including Deadline Detroit, Inc. (“Deadline”), for publishing articles about a Plaintiff’s...more

Sullivan & Worcester

Harvard Can be Sued Over Louis Agassiz Slave Daguerreotypes from 1850

Sullivan & Worcester on

The Supreme Judicial Court of Massachusetts (the state’s highest court) recently issued a surprising decision that permits claims against Harvard arising out of a series of daguerreotypes taken of the plaintiff’s ancestors in...more

Kohrman Jackson & Krantz LLP

Gibson’s v. Oberlin College: How False Accusations Led to a $32-Million Dollar Judgement

For the most part, the First Amendment guarantees free speech. But when that speech is false and aimed at inflicting economic harm, it can lead to real liability....more

Dorsey & Whitney LLP

New Mexico Court Reminds that Prosecuting Prepetition Claims in Bankruptcy May Still Violate the Automatic Stay

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There is more than one way that a creditor of a bankrupt entity (or debtor) can directly prosecute its claims in bankruptcy. If the creditor is involved in prepetition litigation with the debtor, it could request relief from...more

Holland & Knight LLP

Religious Institutions Update: June 2021

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Blanket Limitation on Private Home Gatherings to 3 Households Overturned In Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California's imposition of a blanket limitation...more

NAM (National Arbitration and Mediation)

The Proposed “Grieving Families Act” And The Right To Recover Damages

In the 2020 session, the New York Legislature considered changes in what has come to be known as the “Grieving Families Act.” This evolving tort law with respect to a bystander's right to recover for emotional damages...more

Hinshaw & Culbertson - Lawyers for the...

Plaintiff's Claim Based on Threatening Statements Barred by Illinois' Absolute Litigation Privilege

Bedin v. Northwestern Memorial Hosp., 2021 IL App (1st) 190723-U - An Illinois appellate court affirmed the dismissal of plaintiff's intentional infliction of emotional distress (IIED) claim based on the absolute litigation...more

Franczek P.C.

Sexual Harassment Amounts to Immoral Conduct Warranting Dismissal of Tenured Teacher

Franczek P.C. on

In a recent Illinois case, the Second District Appellate Court affirmed a school board’s termination of a tenured teacher who sexually harassed students on the girls’ track team he coached. The students alleged that the...more

Wiley Rein LLP

Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional...

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A California federal court has held that a complaint alleging that a law firm was providing services in a non-legal capacity nonetheless triggered a duty to defend the firm under a lawyers’ professional liability policy,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Holds Alleged ‘Unsavory and Unpleasant’ Behavior Not Legally ‘Pervasive’ for Purposes of Title VII Harassment...

In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a...more

Pillsbury - Internet & Social Media Law Blog

Trolls and Consequences: A Racially Motivated Doxing and Social Media Assault Is Ruled a Compensable Offense

We’ve previously written about doxing and how it can be used by both vigilante social activists and malicious cyber bullies. Recently, in a first-of-its-kind ruling, the U.S. District Court for the District of Columbia...more

FordHarrison

Tennessee Expands Potential Immunity to Emotional Distress Claims to Private Employers

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Tennessee employers have a new defense against employees bringing workplace environment-related lawsuits. An amendment expanding Tennessee’s Healthy Workplace Act to include private employers went into effect on April 23,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tennessee Amends Anti-Bullying Statute to Extend Protection From Infliction of Mental Anguish Claims to Private Employers

On April 23, 2019, Governor Bill Lee signed a bill that extends protection from some legal claims associated with workplace bullying to all Tennessee employers. Employers that adopt an anti-bullying policy that conforms to...more

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