The intentional infliction of emotional distress (IIED), also known as the tort of outrage, is a relatively new cause of action, first appearing in the legal academic literature during the 1930s. Since that time, IIED has gained widespread acceptance and is now recognized in all US jurisdictions, with most courts invoking the definition set forth in the Restatement (Second) of Torts. Despite this general acceptance of the tort, courts routinely assert that IIED is a disfavored cause of action. Courts appear wary of holding defendants liable for plaintiffs' emotional injuries and therefore seek to discourage such claims. To explain the conflicting IIED jurisprudence, this note traces the emergence and evolution of IIED in the American legal system. This note concludes with a corollary pr...
... 1. Submission of intentional-tortfeasor question to the jury Fla. Stat. ...472 at 10.) But no legal definition of an intentional tort was provided. See, e.g., D...
... the difference between an insured’s intentional actions and their unintended results. There, the i... policy contained a nearly identical definition of “occurrence.”2 In denying coverage, the Mis... Slocum is for trespass, an intentional tort under Mississippi law that requires entering anoth...
... United States for assault under the Federal Tort Claims Act (FTCA). The district court granted summ... relevance here is (1) the Act's intentional torts exception, which retains the United States' ...: (1) an individual fitting the definition of an "investigative or law enforcement officer" m...
... United States for assault under the Federal Tort Claims Act (FTCA). The district court granted summ... relevance here is (1) the Act's intentional torts exception, which retains the United States' ...: (1) an individual fitting the definition of an "investigative or law enforcement officer" m...
... as a defense to the state-law intentional tort claim arising out of Jeff Walburn's prior em... the legislature intended to modify the definition of a common-law intentional tort so as to curtail ...
... United States for assault under the Federal Tort Claims Act (FTCA). The district court granted summ... relevance here is (1) the Act's intentional torts exception, which retains the United States' ...: (1) an individual fitting the definition of an "investigative or law enforcement officer" m...
... United States for assault under the Federal Tort Claims Act (FTCA). The district court granted summ... relevance here is (1) the Act's intentional torts exception, which retains the United States' ...: (1) an individual fitting the definition of an "investigative or law enforcement officer" m...
... United States for assault under the Federal Tort Claims Act (FTCA). The district court granted summ... relevance here is (1) the Act's intentional torts exception, which retains the United States' ...: (1) an individual fitting the definition of an "investigative or law enforcement officer" m...
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