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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 ...
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
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. . . .
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North Carolina puts thousands of children in harm’s way by failing to fix the state’s broken child welfare system, says a federal class action complaint filed on behalf of nine foster children.
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.
Despite COVID-19 rules limiting gatherings, thousands of race fans gathered at Ace Speedway in NC in 2020. This led to a protracted legal battle which the state Supreme Court weighed in on Friday.