Posts Tagged ‘emotional distress’

Great moments in workers’ comp claims

California Insurance Commissioner Dave Jones doesn’t seem to appreciate the gutsiness of a Downey, Calif. woman’s actions, saying he finds it “shocking” that “a trusted financial institution manager would be a co-conspirator in a bank robbery and staged kidnapping, and then have the audacity to file a bogus workers’ comp claim for traumatic stress and believe she could get away with it.” [Insurance Journal, back in August but missed then; Matt Sutkoski, Matt of All Trades]

$1.6 million “due to phobia of frogs”? No, probably not

Readers have been sending clips like this about a recent award to a Buffalo-area landowner whose property was inadvertently flooded by a neighboring developer. But this longer Associated Press report gives some context:

Lawyers on both sides said Monday that Marinaccio’s frog testimony amounted to just moments of a more than three-week trial — and may not have affected the jury’s award. The Court of Appeals, however, referred to it in a five-page decision in which it determined that while Marinaccio had been wronged, the developer hadn’t acted maliciously.

Sometimes a colorful detail is just a colorful detail.

Maryland’s speech-chilling new “cyberbullying” law

I’ve got a short critique up now at Cato (earlier on the topic here). Proponents styled the enactment “Grace’s Law,” after a Howard County teenager who committed suicide; here’s Radley Balko on why “Laws named after crime victims and dead people are usually a bad idea.” While I believe the courts will eventually get around to striking it down, in the mean time the law will operate to chill some online speech.

P.S. Some recent thoughts from EFF’s Hanni Fakhoury on how laws can address the problem of harassment without being speech-unfriendly.

“Lawyers Intentionally Inflicting Emotional Distress”

Imagine how it would change the practice of litigation if lawyers could be held answerable for intentionally inflicting emotional distress on opponents, witnesses or third parties. Of course that’s not going to happen, since our legal profession is quite good at immunizing itself from exposure to liability for the same sorts of injuries that it sues over when inflicted by others. In this SSRN paper (via Robinette, TortsProf), Alex Long of the University of Tennessee proposes a presumption that lawyers’ behavior is “extreme and outrageous,” a precondition of IIED liability, if they could get disbarred for it.

“French fans sue Michael Jackson’s doctor Conrad Murray over ‘emotional damage'”

Lawyer Emmanuel Ludot “is acting for around 100 fans who are members of an association that calls itself the ‘Michael Jackson Community.’ He said that while each fan could be awarded damages of up to 10,000 euros ($A12,400), they were seeking only a symbolic euro.” Jackson’s doctor was convicted of involuntary manslaughter following the singer’s death from an anesthetic overdose. [AFP]

June 14 roundup