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In civil procedure systems (such as in the United States) that allow plaintiffs to plead multiple alternative theories that may overlap or even contradict each other, a plaintiff will usually bring an action for both intentional infliction of emotional distress and negligent infliction of emotional distress (NIED).
The defendant then showed this videotape to numerous individuals and caused severe distress to the plaintiff. The plaintiff brought suit against the defendant, asserting a claim for negligent infliction of emotional distress. On appeal, the Supreme Court of Texas observed that the facts did not support a claim of negligence. Rather, the Court ...
Prior to his release, the state successfully filed a petition to commit Young as a sexually violent predator. Ultimately, Young instituted a federal habeas action. The court determined that the Community Protection Act was civil and, therefore, it could not violate the double jeopardy and ex post facto guarantees.
Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which ...
However, unlike other tort cases, many states require that a plaintiff take specific steps before a medical malpractice lawsuit can be filed, such as providing the defendant with advance notice of intent to sue, obtaining and filing with the court a certificate of merit from a qualified medical expert who attests to the validity of the ...
Filing a claim that is ultimately deemed frivolous can be highly damaging to the attorney so filing. Most frivolous lawsuits that are successful are filed without an attorney. Attorney Daniel Evans writes: [W]hen a judge calls an argument "ridiculous" or "frivolous," it is absolutely the worst thing the judge could say.
In the United States, a citizen suit is a lawsuit by a private citizen to enforce a statute. [1] Citizen suits are particularly common in the field of environmental law. [2] Citizen suits come in three forms. First, a private citizen can bring a lawsuit against a citizen, corporation, or government body for
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.