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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.
The Court found that mentally retarded persons are not a 'suspect' class of persons (requiring the same level of protection as racial minorities); thus, governments are free to enact almost any legislation or rule to civilly commit them, and the courts will not intervene, short of illegal or ridiculous actions (called 'rational' scrutiny). [4] 14th
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 ...
Three passengers filed a lawsuit to hold Alaska Airlines accountable for a “breach of trust” that caused “emotional distress” when an off-duty pilot attempted to hijack and crash a plane ...
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 ...
A lawsuit filed in March 2021 alleges that Musk violated his fiduciary duty to Tesla by continuing to send "erratic" tweets in violation of the SEC settlement, and that the board is failing to control Musk. [16] [17] The case was also stayed pending resolution of the class-action lawsuit. [18] As of March 2024, the case is unresolved. [19]
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. . . .
The latest case against former President Trump will stress test American democracy itself, almost three years after the Capitol riot of Jan. 6, 2021. In some ways, the nation is even more ...