Is a state cause of action for intentional infliction of emotional distress pre-empted?
California, United States of America
The following excerpt is from International Assn. of Heat etc. Workers v. Superior Court, 132 Cal.App.3d 1, 182 Cal.Rptr. 732 (Cal. App. 1982):
In Farmer v. Carpenters (1977) 430 U.S. 290, 97 S.Ct. 1056, 51 L.Ed.2d 338, the court ruled that the state cause of action for intentional infliction of emotional distress was not pre-empted.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Court of Appeal overturn a finding that emotional distress can be a cause of action for emotional distress? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
Is a plaintiff's cause of action for intentional infliction of emotional distress deficient? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
Does a plaintiff have a cause of action for intentional infliction of emotional distress as a result of threats made against him by a defendant to his wife? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
What is the test for a doctor's claim that he has stated a cause of action for negligent infliction of emotional distress? (California, United States of America)
Can an employee bring a cause of action for intentional infliction of emotional distress against his employer? (California, United States of America)
