Overlawyered » emotional distress http://overlawyered.com Chronicling the high cost of our legal system Sun, 27 May 2012 14:01:44 +0000 en hourly 1 http://wordpress.org/?v=3.3.2 “Lawyers Intentionally Inflicting Emotional Distress” http://overlawyered.com/2012/05/lawyers-intentionally-inflicting-emotional-distress/?utm_source=rss&utm_medium=rss&utm_campaign=lawyers-intentionally-inflicting-emotional-distress http://overlawyered.com/2012/05/lawyers-intentionally-inflicting-emotional-distress/#comments Tue, 22 May 2012 17:45:56 +0000 Walter Olson http://overlawyered.com/?p=29891 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 [...]

“Lawyers Intentionally Inflicting Emotional Distress” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> 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.

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“Lawyers Intentionally Inflicting Emotional Distress” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> http://overlawyered.com/2012/05/lawyers-intentionally-inflicting-emotional-distress/feed/ 1 “French fans sue Michael Jackson’s doctor Conrad Murray over ‘emotional damage’” http://overlawyered.com/2012/01/french-fans-sue-michael-jacksons-doctor-conrad-murray-over-emotional-damage/?utm_source=rss&utm_medium=rss&utm_campaign=french-fans-sue-michael-jacksons-doctor-conrad-murray-over-emotional-damage http://overlawyered.com/2012/01/french-fans-sue-michael-jacksons-doctor-conrad-murray-over-emotional-damage/#comments Wed, 11 Jan 2012 12:18:34 +0000 Walter Olson http://overlawyered.com/?p=26759 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 [...]

“French fans sue Michael Jackson’s doctor Conrad Murray over ‘emotional damage’” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> 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]

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“French fans sue Michael Jackson’s doctor Conrad Murray over ‘emotional damage’” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> http://overlawyered.com/2012/01/french-fans-sue-michael-jacksons-doctor-conrad-murray-over-emotional-damage/feed/ 4 “Senior sues because gum stuck to dentures” http://overlawyered.com/2011/10/senior-sues-because-gum-stuck-to-dentures/?utm_source=rss&utm_medium=rss&utm_campaign=senior-sues-because-gum-stuck-to-dentures http://overlawyered.com/2011/10/senior-sues-because-gum-stuck-to-dentures/#comments Wed, 05 Oct 2011 14:20:42 +0000 Walter Olson http://overlawyered.com/?p=24936 Even as odd lawsuit stories go, this underexplained little account of a product liability claim in Canada stands out. Conceding that having to pick gum out of one’s dentures is not plausibly deserving of C$100,000, does the plaintiff at least deserve points for honesty in averring that her depression lasted only ten minutes? [Edmonton Sun] [...]

“Senior sues because gum stuck to dentures” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> Even as odd lawsuit stories go, this underexplained little account of a product liability claim in Canada stands out. Conceding that having to pick gum out of one’s dentures is not plausibly deserving of C$100,000, does the plaintiff at least deserve points for honesty in averring that her depression lasted only ten minutes? [Edmonton Sun]

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“Senior sues because gum stuck to dentures” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> http://overlawyered.com/2011/10/senior-sues-because-gum-stuck-to-dentures/feed/ 2 “Baby Mixup Does Not Support Claim for Emotional Distress” http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/?utm_source=rss&utm_medium=rss&utm_campaign=baby-mixup-does-not-support-claim-for-emotional-distress http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/#comments Thu, 22 Sep 2011 05:17:29 +0000 Walter Olson http://overlawyered.com/?p=24717 Though given the wrong baby to nurse, a New York mother cannot recover cash for “extreme emotional pain,” the state’s highest court having declined review of her case. [Brooklyn Eagle via Scheuerman/TortsProf, earlier] Tweet Tags: emotional distress, hospitals, NYC

“Baby Mixup Does Not Support Claim for Emotional Distress” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> Though given the wrong baby to nurse, a New York mother cannot recover cash for “extreme emotional pain,” the state’s highest court having declined review of her case. [Brooklyn Eagle via Scheuerman/TortsProf, earlier]

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“Baby Mixup Does Not Support Claim for Emotional Distress” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/feed/ 3 “Bang bang” not actionable behavior http://overlawyered.com/2011/07/bang-bang-not-actionable-behavior/?utm_source=rss&utm_medium=rss&utm_campaign=bang-bang-not-actionable-behavior http://overlawyered.com/2011/07/bang-bang-not-actionable-behavior/#comments Sat, 16 Jul 2011 05:12:00 +0000 Walter Olson http://overlawyered.com/?p=23847 Per a Connecticut appeals court, looking at an employee and saying “Bang bang” does not, even when added to some other impolite conduct, rise to the level of “extreme and outrageous” behavior required to trigger a claim of intentional infliction of emotional distress [Daniel Schwartz] Tweet Tags: Connecticut, emotional distress, workplace

“Bang bang” not actionable behavior is a post from Overlawyered - Chronicling the high cost of our legal system

]]> Per a Connecticut appeals court, looking at an employee and saying “Bang bang” does not, even when added to some other impolite conduct, rise to the level of “extreme and outrageous” behavior required to trigger a claim of intentional infliction of emotional distress [Daniel Schwartz]

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“Bang bang” not actionable behavior is a post from Overlawyered - Chronicling the high cost of our legal system

]]> http://overlawyered.com/2011/07/bang-bang-not-actionable-behavior/feed/ 1 June 14 roundup http://overlawyered.com/2011/06/june-14-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=june-14-roundup-3 http://overlawyered.com/2011/06/june-14-roundup-3/#comments Tue, 14 Jun 2011 15:29:29 +0000 Walter Olson http://overlawyered.com/?p=23394 Bizarrely overbroad: “Tennessee law bans posting images that ’cause emotional distress’” [Tim Lee, Ars Technica] “Superlawyer Stanley Chesley Faces Reckoning Tuesday” [Dan Fisher, Forbes, Cincinnati Enquirer, reporter Jim Hannah, earlier] More on record run-up in used car prices [Perry; my Cato take] Winkler County, Texas nurses case illuminates evils of prosecution-as-weapon [Texas Observer via PoL; [...]

June 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Bizarrely overbroad: “Tennessee law bans posting images that ’cause emotional distress’” [Tim Lee, Ars Technica]
  • “Superlawyer Stanley Chesley Faces Reckoning Tuesday” [Dan Fisher, Forbes, Cincinnati Enquirer, reporter Jim Hannah, earlier]
  • More on record run-up in used car prices [Perry; my Cato take]
  • Winkler County, Texas nurses case illuminates evils of prosecution-as-weapon [Texas Observer via PoL; earlier here, here, and here]
  • Not a parody: claim that litigious celebs should be doing more to support Litigation Lobby [CJD]
  • “Feminism by Treaty: Why CEDAW is Still a Bad Idea” [Christina Sommers, Policy Review]
  • Why do agents of so many miscellaneous government agencies pack guns? [Quin Hillyer last year]
  • New idea for who to sue over sex scandals [Conan show lawyer ad parody, adult content]
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    June 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/06/june-14-roundup-3/feed/ 1     Jilted bride sues ex-groom http://overlawyered.com/2011/01/jilted-bride-sues-ex-groom/?utm_source=rss&utm_medium=rss&utm_campaign=jilted-bride-sues-ex-groom http://overlawyered.com/2011/01/jilted-bride-sues-ex-groom/#comments Wed, 12 Jan 2011 14:50:31 +0000 Walter Olson http://overlawyered.com/?p=20927 Should the damages be confined to the unrecoverable costs of the planned wedding, or extend beyond that? [Today Show] Tweet Tags: breach of promise to marry, damages, emotional distress

    Jilted bride sues ex-groom is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Should the damages be confined to the unrecoverable costs of the planned wedding, or extend beyond that? [Today Show]

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    Jilted bride sues ex-groom is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/01/jilted-bride-sues-ex-groom/feed/ 14     Woman sues airline over emergency landing http://overlawyered.com/2010/09/woman-sues-airline-over-emergency-landing/?utm_source=rss&utm_medium=rss&utm_campaign=woman-sues-airline-over-emergency-landing http://overlawyered.com/2010/09/woman-sues-airline-over-emergency-landing/#comments Wed, 22 Sep 2010 15:11:46 +0000 Walter Olson http://overlawyered.com/?p=19379 No physical injuries were reported at the time, but “passenger Jewel Thomas said she has suffered severe mental and emotional problems because of the incident on Sept. 22, 2008″ in which an American Airlines plane skidded off the runway onto grass. [AP/WFAA] Tweet Tags: airlines, emotional distress

    Woman sues airline over emergency landing is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     No physical injuries were reported at the time, but “passenger Jewel Thomas said she has suffered severe mental and emotional problems because of the incident on Sept. 22, 2008″ in which an American Airlines plane skidded off the runway onto grass. [AP/WFAA]

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    Woman sues airline over emergency landing is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/09/woman-sues-airline-over-emergency-landing/feed/ 14     SeaWorld lawsuit: seeing orca attack traumatized our kid http://overlawyered.com/2010/08/seaworld-lawsuit-seeing-orca-attack-traumatized-our-kid/?utm_source=rss&utm_medium=rss&utm_campaign=seaworld-lawsuit-seeing-orca-attack-traumatized-our-kid http://overlawyered.com/2010/08/seaworld-lawsuit-seeing-orca-attack-traumatized-our-kid/#comments Fri, 27 Aug 2010 05:21:43 +0000 Walter Olson http://overlawyered.com/?p=19037 “A New Hampshire family who witnessed the Feb. 24 death of a killer-whale trainer at SeaWorld Orlando has sued the company in state court in Orlando, claiming their child was traumatized by the event.” [Orlando Sentinel] Tweet Tags: amusement parks, emotional distress

    SeaWorld lawsuit: seeing orca attack traumatized our kid is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “A New Hampshire family who witnessed the Feb. 24 death of a killer-whale trainer at SeaWorld Orlando has sued the company in state court in Orlando, claiming their child was traumatized by the event.” [Orlando Sentinel]

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    SeaWorld lawsuit: seeing orca attack traumatized our kid is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/08/seaworld-lawsuit-seeing-orca-attack-traumatized-our-kid/feed/ 9     “Ex-Client Wins $7.3M Emotional Distress Award Against Law Firm” http://overlawyered.com/2010/07/ex-client-wins-7-3m-emotional-distress-award-against-law-firm/?utm_source=rss&utm_medium=rss&utm_campaign=ex-client-wins-7-3m-emotional-distress-award-against-law-firm http://overlawyered.com/2010/07/ex-client-wins-7-3m-emotional-distress-award-against-law-firm/#comments Fri, 30 Jul 2010 13:33:48 +0000 Walter Olson http://overlawyered.com/?p=18668 If law firms were asked to pay for all the emotional distress they inflict, there might never be an end to it. [ABA Journal] Tweet Tags: emotional distress, lawyers

    “Ex-Client Wins $7.3M Emotional Distress Award Against Law Firm” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     If law firms were asked to pay for all the emotional distress they inflict, there might never be an end to it. [ABA Journal]

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    “Ex-Client Wins $7.3M Emotional Distress Award Against Law Firm” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/07/ex-client-wins-7-3m-emotional-distress-award-against-law-firm/feed/ 2