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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. On appeal, the Court of Appeals reasoned that the case turned on whether the Act was punitive "as applied" to Young. [5] 5th
A common case would be a future threat of harm that would not constitute common law assault but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred ...
Snyder v. Phelps, 562 U.S. 443 (2011), is a landmark decision by the Supreme Court of the United States in which the Court held that speech made in a public place on a matter of public concern cannot be the basis of liability for a tort of emotional distress, even if the speech is viewed as offensive or outrageous.
Dillon v. Legg, 68 Cal. 2d 728 (1968), was a case decided by the Supreme Court of California that established the tort of negligent infliction of emotional distress.To date, it is the most persuasive decision of the most persuasive state supreme court in the United States during the latter half of the 20th century: Dillon has been favorably cited and followed by at least twenty reported out-of ...
The emotional distress for which monetary damages may be recovered, however, ought not to be that form of acute emotional distress or the transient emotional reaction to the occasional gruesome or horrible incident to which every person may potentially be exposed in an industrial and sometimes violent society. . . .
La Chusa, 48 Cal. 3d 644 (1989), was a case decided by the Supreme Court of California that limited the scope of the tort of negligent infliction of emotional distress. The majority opinion was authored by Associate Justice David Eagleson , and it is regarded as his single most famous opinion and representative of his conservative judicial ...
Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), is a landmark decision by the Supreme Court of the United States in which the Court held that parodies of public figures, even those intending to cause emotional distress, are protected by the First and Fourteenth Amendments to the U.S. Constitution.
The Liebeck case became a flashpoint in the debate in the United States over tort reform. It was cited by some as an example of frivolous litigation; [5] ABC News called the case "the poster child of excessive lawsuits", [6] while the legal scholar Jonathan Turley argued that the claim was "a meaningful and worthy lawsuit". [7]