News & Analysis as of

Emotional Injury Claims

Court finds employee's IIED claim against Columbia employer hopeless

by McNair Law Firm, P.A. on

Attorneys who represent employees beginning to explore the use of nontraditional causes of action against employers. Courts and employers are seeing more defamation, conspiracy, and intentional infliction of emotional...more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

by Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

Aviations Happenings - Fall 2017

The Fall 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant cases and developments in aviation law, including: ·$2.8 Million Verdict Upheld Against Engine...more

You Should Know - April 2017

Do You Know the Warning Signs of Nursing Home Abuse? Choosing nursing home, assisted living or in-home medical care is complicated, difficult and often an emotional process. The last thing on your mind is the possibility...more

The Return of “Mental-Mental:” Will Workers Compensation Again Be Extended to Cover Emotional Trauma?

As my partner Mark Sommaruga observed in a recent post, the current term of the General Assembly may consider extending workers compensation coverage to employees who suffer purely emotional trauma, without a causative...more

Patently Unreasonable: BC Supreme Court Rejects Human Rights Tribunal’s Landmark Injury to Dignity Award Which Emphasized...

by Dentons on

In 2013 the British Columbia Human Rights Tribunal found that the University of British Columbia had discriminated against Dr. Carl Kelly when it dismissed him from its Family Medicine Residency Program. Dr. Kelly was awarded...more

Do I Need to Pay Taxes on My Accident Settlement?

If you were injured in an auto accident, bike accident, or other type of personal injury accident, you have the legal right to recover financial damages for your related medical expenses, lost wages, emotional pain and...more

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

by Morrison & Foerster LLP on

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

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

Personal Injury Claim Statistics

A personal injury occurs when an individual has suffered an injury due to the negligence of another and can include an injury to the body, mind, or emotions. California personal injury law protects you if you are harmed by...more

Obtaining Damages for Future Pain and Suffering

Woodland Hills personal injury lawyer,Barry P. Goldberg, warns his clients that it is not automatic that a jury will award "future pain and suffering." In fact, juries today are tougher and tougher and look for reasons not to...more

Employee With Crying Spells After Daughter's Sexual Assault Has Viable FMLA Claim

by Franczek Radelet P.C. on

Kris was forced to endure the unthinkable: her daughter had just become the victim of a sexual assault. In the weeks that followed, Kris alerted her employer of the assault and the care her daughter would require in...more

Revamping the DSM-5: What This Means for Defense Attorneys

by Sands Anderson PC on

The American Psychiatric Association’s recent changes to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) provide another arrow in the quiver for plaintiffs seeking recovery for psychological injury. These...more

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

by Dickinson Wright on

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

Fifth Circuit: Mental anguish damages award not supported by medical evidence is vacated

by Winstead PC on

The Fifth Circuit recently vacated a jury award for mental anguish damages based on the absence of any medical evidence. A Northern District of Texas jury found for the plaintiff, who asserted age discrimination claims under...more

Eleventh Circuit Holds Mental Anguish Claim Not Bodily Injury

In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether an...more

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

by Littler on

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

EmployerLINC.com - January 15, 2013: Psychological injuries without physical injuries are not compensable

by McAfee & Taft on

In some cases, employees who have suffered an emotional or psychological injury in the course of their job may seek benefits under Oklahoma’s Workers’ Compensation Act. However, a recent Oklahoma Court of Civil Appeals...more

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