What is the burden of proving that Defendant's outrageous conduct caused plaintiff emotional distress?
MultiRegion, United States of America
The following excerpt is from Degroot v. United States, Case No.: 3:15-cv-02145-H-NLS (S.D. Cal. 2017):
the probability of causing, emotional distress; 2) that Plaintiffs suffered severe or extreme emotional distress; and 3) Defendant's outrageous conduct was the actual and proximate causation of the emotional distress. Corales v. Bennett, 567 F.3d 554, 571 (9th Cir. 2009). Plaintiffs have not satisfied this burden.
"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
What is the test for determining whether a defendant's outrageous conduct caused emotional distress? (MultiRegion, United States of America)
What is the burden of proving that defendant is responsible for causing a plaintiff's injuries? ("New York", United States of America)
Can a plaintiff recover emotional distress from a defendant who causes injury to a family member? (MultiRegion, United States of America)
Can a plaintiff who was not present at the accident scene recover emotional distress damages for emotional distress they suffered when they later arrived at the scene? (MultiRegion, United States of America)
In what circumstances must a plaintiff identify as a defendant in an amended complaint alleging that defendants conspired to deprive plaintiff of federal constitutional or statutory rights? (MultiRegion, United States of America)
What is the current state of the law on the burden of proving malice against a defendant who makes discriminatory comments against a plaintiff? (MultiRegion, United States of America)
What is the burden of proving that a defendant made in connection with a public issue is in violation of the Defendant's right to free speech? (MultiRegion, United States of America)
What is the burden of proving a plaintiff's claim of discrimination against a defendant by a preponderance of the evidence? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
Does plaintiff have the burden of proving that defendants had an Invidiously discriminating animus? (MultiRegion, United States of America)
