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Tag Archives: Intentional Infliction of Emotional Distress

Labor & Employment – Tort/Negligence – Wrongful Discharge Claim – At-Will Employee – Intentional Infliction of Emotional Distress (access required)

Payne v. Whole Foods Market Group, Inc. Plaintiff alleges he was treated rudely at work and was fired after he was late because his truck broke down. None of plaintiff’s allegations take him out of the at-will employment rule. Defendant’s motion to dismiss is granted.

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Constitutional – Freedom of Religion – Civil Practice – Subject Matter Jurisdiction — Nonprofit Corporation – Tort/Negligence – Intentional Infliction of Emotional Distress (access required)

Johnson v. Antioch United Holy Church, Inc. Even though defendants are a church and three of its members, the trial court need not delve into eccliastical law to decide whether defendants’ actions were authorized by the church’s bylaws. We reverse the trial court’s order granting defendants’ motions to dismiss for lack of subject matter jurisdiction and for Rule 11 sanctions.

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Tort/Negligence – Malicious Prosecution – First Impression – Attorneys – Abuse of Process – Intentional Infliction of Emotional Distress – Interlocutory Appeal (access required)

Chidnese v. Chidnese. In a matter of first impression, we hold that an attorney may be held liable for a malicious criminal prosecution initiated by a client under certain circumstances, assuming all . . .

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Labor & Employment – Civil Rights – Tort/Negligence – Wrongful Discharge – Jurisdiction – Infliction of Emotional Distress – Fraudulent Joinder (access required)

Sampson v. Leonard (Lawyers Weekly No. 11-02-0095, 8 pp.) (James C. Dever III, J.) E.D.N.C. Holding: In a wrongful-discharge case, conduct shown must be atrocious in the extreme to support a claim of intentional infliction of emotional distress. When the ...

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Tort/Negligence – Defamation – Slander – Domestic Relations – Adoption – Plaintiff’s Intentions – Intentional Infliction of Emotional Distress (access required)

Ayerza v. Cabarrus County Department of Social Services. (Lawyers Weekly No. 10-16-0578, 14 pp.) (Barbara Jackson, J.) Appealed from Cabarrus County Superior Court. (W. David Lee, J.) N.C. App. Unpub. Holding: Even though plaintiff alleged that false testimony by defendant’s ...

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Heart-balm tort back in the spotlight after $9 million verdict (access required)

North Carolina’s reputation for unique and antiquated laws got a boost last week when Cynthia S. Shackelford of Raleigh made the rounds in print and television media including “Good Morning America” touting a $9 million jury verdict entered March 19 ...

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