Intentional Infliction of Emotional Distress

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In Walker v. Northern Pipe & Supply, LLC, Dkt. No. HHD-CV-19-6119581-S, 2023 WL 196032 (Conn. Super. January 11, 2023), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment on her hostile work environment sexual harassment  and other related claims. From the decision: The defendants argue that there is insufficient evidence…

Read More Sexual Harassment, Constructive Discharge, Negligent Hiring/supervision Claims Survive Summary Judgment; Evidence Included Penis, Boobs, Bikini Comments
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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2022 WL 912138 (N.Y. Sup Ct, New York County Mar. 29, 2022), the court, inter alia, dismissed plaintiff’s claim for intentional infliction of emotional distress, arising (in sum) from smoking, and alleged sexist and racist comments, in the workplace. This case illustrates the incredibly high…

Read More Intentional Infliction of Emotional Distress Claim, Arising From Alleged Smoking and Racist/Sexist Comments at Work, Dismissed
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In Miles v. Pepsico et al, 20-cv-1591, 2022 WL 798272 (N.D.N.Y. March 16, 2022), a case arising from allegations of a racially discriminatory workplace – asserted by one African American plaintiff and two of his Caucasian co-workers – the court granted defendants’ motion to dismiss plaintiff’s claims for (1) intentional infliction of emotional distress, (2)…

Read More Racially Discriminatory Workplace Allegations May Not Proceed Under “Intentional Infliction of Emotional Distress” Theory; Negligence Claims Barred by NY Workers’ Compensation Law
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In Jarusauskaite v. Almod Diamonds, Ltd., et al., 2020-04756, 2021 WL 4734048 (N.Y.A.D. 1 Dept. Oct. 12, 2021), the court held that plaintiff’s claims under the New York State and City Human Rights Laws because of an insufficient connection to New York. From the decision: Supreme Court lacks subject matter jurisdiction over the Human Rights…

Read More NY Human Rights Law Discrimination Claims Dismissed; NY Impact Lacking
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In a recently-filed lawsuit, captioned J.C. v. Robert Allen Zimmerman a/k/a Bob Dylan (Sup. Ct. N.Y. Cty. Index No. 951450/2021), the plaintiff – proceeding pseudonymously – asserts (under the Child Victims Act and pursuant to CPLR 214-g and 22 NYCRR § 202.72) that the defendant sexually abused her over a six-week period between April and…

Read More Child Victims Act Sex Abuse Lawsuit Against Bob Dylan
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In Jane Doe v. John Doe,[1]Ed. note: I have modified the name of Defendant to “John Doe” in light of (yet without acknowledging any obligation imposed by) the Court’s Order dated Nov. 5, 2021, NYSCEF Doc. No. 60. No. 155961/2020, 2021 WL 3290843 (N.Y. Sup Ct, New York County Aug. 02, 2021) – a sexual…

Read More Sexual Harassment Plaintiff Denied Opportunity to Amend Complaint to Add Claims to Assert Defamation Counterclaim Was Retaliatory
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In a recently-filed complaint, captioned Vincent Cheung v. Terrell Harper, Sup. Ct. N.Y. Cty. Index No. 153780/2021 (filed April 21, 2021), the plaintiff – an Asian NYPD detective – asserts a claim for intentional infliction of emotional distress against the defendant, who allegedly directed racist insults against him. From the complaint: 3. That on March…

Read More Asian NYPD Detective’s Lawsuit Against Protester
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In Padilla v. Sacks and Sacks, LLP, 2020 WL 5370799 (S.D.N.Y. Sept. 8, 2020), the court dismissed plaintiff’s claims of sexual harassment and discrimination on the basis of gender and sexual orientation, wrongful discharge, and intentional infliction of emotional distress. Plaintiff, a gay Hispanic woman, was employed by defendant as a paralegal. After dismissing plaintiff’s…

Read More Discrimination, Sexual Harassment Allegations Did Not Make Out Claim For Intentional Infliction of Emotional Distress
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In Singh v. Memorial Sloan Kettering Cancer Center et al, 2019 WL 6977106 (S.D.N.Y. Dec. 20, 2019), the court, inter alia, dismissed plaintiff’s claims of civil battery and intentional infliction of emotional distress as against various entities, finding that the doctrine of respondeat did not apply. From the decision: These two causes of action concern…

Read More Sexual Misconduct Claim Not Imputed Under Respondeat Superior
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In Tantaros v. Fox News Network, LLC et al, 17-cv-2958, 2018 WL 2731268 (SDNY May 18, 2018), the court dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claims under the federal Wiretap Act, as well as intentional infliction of emotional distress. Plaintiff alleged, inter alia, “that Defendants physically surveilled her and secretly recorded her…

Read More Court Dismisses “Retaliatory Surveillance” Claim: Tantaros v. Fox News
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