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Dorsaneo, Texas Litigation Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
20-337 Dorsaneo, Texas Litigation Guide 337.syn
Infliction of Emotional Distress
Professor William V. Dorsaneo III
This chapter discusses the viability of claims for the intentional infliction of emotional distress as compared to the negligent infliction of emotional distress. There is a detailed discussion of the elements of a claim of intentional infliction of emotional distress, including the definitions of extreme and outrageous conduct and severe emotional distress and causation. The chapter also provides numerous examples of situations that give rise to claims of the intentional infliction of emotional distress including, but not limited to employment, discrimination, harassment, wrongful foreclosure and eviction, police misconduct, defamation, and child abduction.
The author explains several affirmative defenses including First Amendment privilege, the litigation privilege, qualified privilege, statutory privileges, and the statute of limitations.
This chapter also explains the remedies available under a claim of the intentional infliction of emotional distress. Available remedies include monetary damages and exemplary damages.
Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entities, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.
Texas,Torts,Negligent infliction of emotional distress,Intentional torts,Intentional infliction of emotional distress,Damages,Compensatory damages,Pain and suffering,discrimination,harassment,foreclosure,eviction,police misconduct,defamation,child abduction
RELATED CHAPTERS: (View)
Recovery for mental anguish as an element of damages in a negligence or other tort action is discussed in Ch. 20, Damages in Tort.
Common ancillary causes of action are further described in Ch. 203, Employer-Employee Relations, and Ch. 345, Unfair Insurance Practices.
Further information regarding drafting, filing, and serving a petition and an answer may be found in Ch. 11, Plaintiff's Original Petition, and Ch. 70, Answer.
See Texas Civil Trial Guide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.
See Texas Torts & Remedies (Matthew Bender) for complete and detailed treatment of the Texas law of torts, including coverage of general principles of liability, professional liability, real property torts, transportation torts, products liability and commercial torts, intentional torts, tort claims against public entities, insurance claims, remedies, and procedure.
See Personal Injury: Actions, Defenses, Damages (Matthew Bender) for the largest and most comprehensive case law compendium in legal literature, with encyclopedic treatment of the personal injury law of every American jurisdiction and coverage of theories of recovery, elements of causes of action, necessary allegations, defenses, and damages.
See Texas Civil Trial and Appellate Procedure (Matthew Bender) for a solid foundation for civil trial or appellate practice, covering everything from analyses of court rules, statutes, and cases to the underlying laws governing civil and appellate procedure.