Asked in Personal Injury for California

Q: Can you kindly recommend me good studies for Intentional Infliction of Emotional Distress

I am preparing a pro se complaint for the Intentional Infliction of Emotional Distress at the california Federal court. Can you recommend me good case studies to prepare for it

Mazel tov!

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3 Lawyer Answers
Jason T. Kandah
Jason T. Kandah pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Licensed in California

A: California Federal Court civil and evidentiary procedures and rules vary depending on the specific jurisdiction and department/Judge assigned.

Because you are pro se, this is not legal advice directly aimed at your facts, but more generally. This answer does not constitute the formation of any attorney client relationship, only a signed retainer may affect such agreement.

First, consider seeking legal counsel for the alleged IIED, as distinguished from NIED. Both are viable claims but each has different burdens of proof you must meet with different elements.

Start with secondary sources like Rutter Guide or Bender Practice Guides on IIED (Procedure (fed rules, evid rules, CACI Jury instructions for IIED) to see what elements are necessary to sufficiently carry your burden of proof.

The secondary and CACIs should cite cases in support or opposition. From there, research on-point cases to your specific facts, addressing any counter arguments which may arise as is your responsibility to the court to present the law in accordance with RPC.

Hope this helps, please reach out for any questions.




Tim Akpinar agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: I would advise searching an internet database of cases, such as Lexis or Casetext, to perform this legal research; or go to your local law library.

Tim Akpinar and Jason T. Kandah agree with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: As my colleagues correctly advise, legal databases could be a good place to start. This is a difficult tort - it is less clear-cut than other forms of personal injury. There's no guarantee, but sometimes law review articles or other legal treatises could offer developments in recent case law. Good luck

Jason T. Kandah agrees with this answer

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