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Dorsaneo, Texas Litigation Guide
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


20-337 Dorsaneo, Texas Litigation Guide 337.syn


Title

Infliction of Emotional Distress

Author

Professor William V. Dorsaneo III

Chapter Summary


ABSTRACT TEXT:

This chapter from Dorsaneo, Texas Litigation Guide discusses the tort of intentional infliction of emotional distress. The chapter first outlines and discusses the elements of the tort. Next, typical contexts in which a claim for intentional infliction of emotional distress might be made are discussed. Then, remedies are outlined and described. The chapter then turns to defenses to the tort. The procedural guide supplies the practitioner with a checklist for bringing and defending against a claim for intentional infliction of emotional distress. Sample forms that illustrate a petition and answer are included. These forms contain allegations and affirmative defenses specifically tailored to claims based on the intentional infliction of emotional distress. There is a research guide with references to applicable Texas statutes, rules, case law, annotations, law reviews, periodicals, and, texts.

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.

CORE TERMS:

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.

RELATED PUBLICATIONS:

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.
 
 
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