Defamation Causes Emotional Distress; Seems Obvious

David A. Szwak

Defamation Causes Emotional Distress; Seems Obvious

Postby David A. Szwak » Sun Nov 13, 2005 8:11 pm

Payette v. Royal Oak Police Dept.,
Slip Copy, 2005 WL 2671333, E.D.Mich., Sep 13, 2005


... 669, 678 (6th Cir.2005) (explaining that, although a § 1983 plaintiff may be entitled to damages for the emotional anguish caused by an underlying constitutional violation, "[l]ike defamation, intentional infliction of emotional distress, by itself, cannot amount to a constitutional violation."); ...


Kinsler ex rel. Kinsler v. International House of Pancakes, Inc.,
8 Misc.3d 836, 799 N.Y.S.2d 863, 33 Media L. Rep. 2341, 2005 N.Y. Slip Op. 25229, N.Y.City Civ.Ct., Jun 06, 2005


... 302k64(2) k. Particular Causes or Grounds of Action. Cause of action for intentional infliction of emotional distress, asserted by customer against restaurant related to cashier's accusation that customer was thief, was duplicative of customer's cause of action ...

... by customer against restaurant related to cashier's accusation that customer was thief, was duplicative of customer's cause of action for defamation, in that customer could properly recover for alleged emotional distress caused by defamatory statements under cause of action for defamation. ...

... 290 A.D.2d 467, 736 N.Y.S.2d 685 [2nd Dept. 2002], the court dismissed the cause of action for intentional infliction of emotional distress as duplicative of the cause of action for defamation, since plaintiff may recover for emotional distress caused by the defamatory ...



Southern Baptist Hosp. of Florida, Inc. v. Welker,
908 So.2d 317, 30 Fla. L. Weekly S259, Fla., Apr 14, 2005


... 237k119 k. Mental Suffering and Emotional Distress. The impact rule, which governs the recovery of damages for emotional distress caused by the negligence of another, does not apply to all recognized causes of action; specifically, the impact rule is inapplicable ...

... the impact rule is inapplicable to recognized intentional torts that result in predominantly emotional damages such as intentional infliction of emotional distress, defamation, or invasion of privacy claims. [5] 115 Damages 115III Grounds and Subjects of Compensatory Damages 115III(A) Direct or Remote, Contingent, ...


Cohn v. Gulf State Credit, L.L.C.,
Not Reported in F.Supp.2d, 2004 WL 2032822, N.D.Ill., Sep 03, 2004


... AT & T's motion for summary judgment on plaintiff's defamation claim and motion to strike plaintiff's affidavit. I. BACKGROUND Plaintiff's defamation claim against AT & T asserts that AT & T published inaccurate statements about an unpaid balance of $40.61 on ...

... unpaid balance of $40.61 on her AT & T account to various creditors, prospective grantors, and other credit-reporting agencies which caused her to suffer serious injury, namely, personal humiliation, embarrassment, mental anguish, and emotional distress. The following facts are undisputed. ...

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