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11 Maine opinions name it 2 courts 1991–2021 1 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cameron v. Pepingreen2 sentences2015After analyzing the facts of the plaintiff's case in light of the Law Court's decisions in Cameron v. Pepin, 610 A.2d 279, 284 (Me. 1992) and Nelson v. Flanagan, 677 A.2d 545 (Me. 1996 ), and determining that the plaintiff would not have been able to recover on an emotional distress claim based on bystander liability if her dogs were children, the court granted the defendant's motion in limine to exclude evidence of emotional distress, which thereby resulted in the dismissal of the plaintiff's negligent infliction of emotional distress claim. 1999Such an individual would not qualify to bring an emotional distress claim under our precedent in Cameron v. Pepin, 610 A.2d 279, 284-285 (Me.1992); see also Michaud v. Great Northern Nekoosa Corp., 1998 ME 213, ¶¶ 15-17 , 715 A.2d 955, 959 . | 3 | 3 |
Shay v. Waltersgreen2 sentences2018Shay v. Walters, 702 F.3d 76, 83 (1st Cir. 2012) (holding that the failure of a defamation claim "pretermits continued prosecution" of an emotional distress claim that arises out of the "same nucleus of operative facts" and is "premised upon the same conduct and harm" as the defamation claim). 2018Shay v. Walters, 702 F.3d 76, 83 (1st Cir. 2012) (holding that the failure of a defamation claim "pretermits continued prosecution" of an emotional distress claim that arises out of the "same nucleus of operative facts" and is "premised upon the same conduct and harm" as the defamation claim). | 1 | 1 |
Leong Ex Rel. Petagno v. Takasakigreen1 sentence2010Ind. 1987) (permitting plaintiff to make an emotional distress claim resulting from the injuries and death of her fiancee); Leo71g v. Takaskai, 520 P.2d 758,766 (HI, 1974) (allowing a child to bring a bystander claim after he witnessed his stepfather's mother get hi t by a car because the court found the emotional and functional equivalent to a nuclear famil y relationship). 8 In DUllphy, the New Jersey Supreme Court expanded the term "intimate familial relationship"~ to allow a plaintiff to assert a bystander emotional distress claim stemming from the accidental death of her fiancee with whom | 1 | 1 |
Equal Employment Opportunity Commission v. Die Fliedermaus, L.L.C.green1 sentence2004See EEOC v. Die Fliedermaus, L.L.C. 77 F. Supp. 2d 460 , 472-_ 73 (S.D.N.Y. 1999) (noting that New York courts dismiss “intentional infliction of emotional distress claims where the plaintiffs have also asserted a defamation claim arising from the same conduct.”). | 1 | 1 |
Krempels v. Mazyckgreen1 sentence2000See 18-A M.R.S.A. § 2-804 (damages may be awarded for “emotional distress arising from the same facts as those constituting the underlying claim ... ."); Feighery v. York Hospital, 38 F.Supp. 2d 142, 157 (D.Me. 1999); Krempels v. Mazyck, 868 F. Supp. 355, 357-58 (D.Me. 1994). | 1 | 1 |
Feighery v. York Hospitalgreen1 sentence2000See 18-A M.R.S.A. § 2-804 (damages may be awarded for “emotional distress arising from the same facts as those constituting the underlying claim ... ."); Feighery v. York Hospital, 38 F.Supp. 2d 142, 157 (D.Me. 1999); Krempels v. Mazyck, 868 F. Supp. 355, 357-58 (D.Me. 1994). | 1 | 1 |
Michaud v. Great Northern Nekoosa Corp.green2 sentences1999Such an individual would not qualify to bring an emotional distress claim under our precedent in Cameron v. Pepin, 610 A.2d 279, 284-285 (Me.1992); see also Michaud v. Great Northern Nekoosa Corp., 1998 ME 213, ¶¶ 15-17 , 715 A.2d 955, 959 . 1999Such an individual would not qualify to bring an emotional distress claim under our precedent in Cameron v. Pepin, 610 A.2d 279, 284-285 (Me.1992); see also Michaud v. Great Northern Nekoosa Corp., 1998 ME 213, ¶¶ 15-17 , 715 A.2d 955, 959 . | 1 | 1 |
Calvert v. Corthellgreen1 sentence1996Calvert v. Corthell, 599 A.2d 69, 72 (Me.1991) (trustee process is available for an emotional distress claim even if the emotional distress was caused by slanderous statements). 4 . | 1 | 1 |
Bard v. Bath Iron Works Corp.green1 sentence1991In ruling on Douglas Dynamics’ motion to alter or amend the judgment, the court stated that there was no duty to defend the emotional distress claim because “the Law Court has never recognized the tort of wrongful discharge.” Although the court correctly noted that we have never recognized a cause of action in tort for wrongful discharge, Bard v. Bath Iron Works Corp., 590 A.2d 152, 156 (Me.1991), it should not have based its ruling on the legal insufficiency of the complaint. 1 Rather the court simply should have looked at the complaint to determine whether there is any possibility for covera | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gordan v. Cummings
green
1 sentence2021Counts II & III: Emotional Distress Claims The Law Court has established that an employee cannot bring an emotional distress claim against her employer because the claim is barred by the Workers' Compensation Act, which bars "all common law claims that arise out of work-related injuries in the course of employment." Gordon v. Cummings, 2000 lv1E 68, 1112-13, 756 A.2d 942 (holding that plaintiff could not bring IIED claim based upon workplace conduct because the claim is barred by the exclusivity and immunity provisions of the Workers' Compensation Act), See also 39-A M.R.S.A. § 104. | 1 | 2021–2021 |
Nelson v. Flanagan
green
1 sentence2015After analyzing the facts of the plaintiff's case in light of the Law Court's decisions in Cameron v. Pepin, 610 A.2d 279, 284 (Me. 1992) and Nelson v. Flanagan, 677 A.2d 545 (Me. 1996 ), and determining that the plaintiff would not have been able to recover on an emotional distress claim based on bystander liability if her dogs were children, the court granted the defendant's motion in limine to exclude evidence of emotional distress, which thereby resulted in the dismissal of the plaintiff's negligent infliction of emotional distress claim. | 1 | 2015–2015 |
Gammon v. Osteopathic Hospital of Maine, Inc.
green
1 sentence2015Gammon, 534 A.2d at 1285-86 . | 1 | 2015–2015 |
Curtis v. Porter
green
2 sentences2013Curtis v. Porter, 2001 ME 158 , 784 A.2d 18 . 2013Curtis v. Porter, 2001 ME 158 , 784 A.2d 18 . | 1 | 2013–2013 |
Dunphy v. Gregor
green
1 sentence2010DUllphy, 642 A.2d at 380 . | 1 | 2010–2010 |
Lavoie v. DORCHESTER MUTUAL FIRE INSURANCE COMPANY
green
1 sentence1991Lavoie, 560 A.2d at 571 . | 1 | 1991–1991 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.