LEGAL
Incorporating separate analysis, as needed, for individual states' law, Emotional Injuries: Law and Practice provides comprehensive coverage of emotional injuries as they arise within tort claims, including federal torts and other federal statute-based claims. Useful for both plaintiff's and defense counsel, and updated annually, this practice guide covers:
CHAPTER 1 LEGAL PROTECTION FOR INTENTIONALLY CAUSED EMOTIONAL HARM
I. Introduction
II. Path to Recognition of Intentional Invasions of Emotional Interests
III. Modern Sampling of Relevant Decisions
IV. Practical Concerns of the Litigator
V. State Summaries
CHAPTER 2 NEGLIGENT INVASIONS OF EMOTIONAL INTERESTS
I. Standards for Negligently Caused Emotional Distress
II. State Summaries
CHAPTER 3 FEDERAL TORT STATUTORY ACTIONS
I. Introduction
II. Federal Employers' Liability Act
III. Jones Act and Maritime Claims
IV. Federal Tort Claims Act
CHAPTER 4 FEDERAL CIVIL RIGHTS ACTS
I. Introduction
II. Title VII of the Civil Rights Act of 1964 and 1991 Civil Rights Act
III. Americans with Disabilities Act
IV. Age Discrimination
V. Reconstruction Civil Rights Acts
A. Section 1981
B. Section 1983
C. Section 1985(3)
VI. Housing Discrimination: Title VIII and º 1982
CHAPTER 5 Intentional Torts
I. Emotional Distress
II. Conversion
III. Abuse of Process
IV. Malicious Prosecution
V. False Imprisonment
VI. Assault and Battery
VII. Sexual Abuse of Children
CHAPTER 6 Personal Injury Torts
I. Emotional Distress Damages In Products Liability Actions
II. Emotional Distress Relating To Aviation
III. Wrongful Death And Survival Acts
A. Introduction
B. Wrongful Death Acts
C. Survival Actions
IV. Consortium
A. Spousal Consortium
B. Other Consortium
V. Emotional Distress as Fear for Future Consequences
VI. AIDS-Related Emotional Distress
CHAPTER 7 DIGNITARY TORTS
I. Defamation
II. Invasion of Privacy
CHAPTER 8 COMMERCIAL AND CONTRACTUAL TORTS
I. Recovery of Damages for Emotional Distress Arising from a Breach of Contract
II. Emotional Distress in Actions for Fraud
III. Interference with Economic Relations
IV. Contracts for Burials and Telegrams
CHAPTER 9 EMPLOYMENT TORTS
I. General Theories of Recovery
II. Recovery for Emotional Distress
III. Workers' Compensation and The Tort System
IV. Workers' Compensation Coverage for Emotional Harms
CHAPTER 10 INTRA-FAMILY TORTS
I. Actions for Emotional Injuries Between Divorcing Spouses
II. Interference with Child Custody as Basis for Claims for Emotional Distress
CHAPTER 11 PROPERTY TORTS
I. Introduction
II. Trespass and Nuisance
III. Premises Liability
IV. Emotional Injury and Property Damage
CHAPTER 12 PROFESSIONAL LIABILITY
I. Medical Malpractice and Emotional Distress
II. Legal Malpractice and Recovery for Emotional Distress
III. Psychiatrists and Counselors
IV. Actions against Clergy
CHAPTER 13 PAIN AND SUFFERING
I. General Concepts and Definitions
II. Proving Pain and Suffering
III. Future Pain and Suffering
IV. Criticism of Pain and Suffering Awards
CHAPTER 14 HEDONIC DAMAGES
CHAPTER 15 PUNITIVE DAMAGES
I. Bases for Punitive Damages
II. Relation to Intentional Infliction of Emotional Distress
CHAPTER 16 INSURANCE ISSUES
I. Bodily Injury and Distress
II. Intentional Acts, Emotional Injury, and Insurability of Distress
CHAPTER 17 STATUTORY LIMITS ON NONECONOMIC DAMAGES
I. Nature of the Issues
II. Constitutionality of "Caps" On Damages
III. Issues of Interpretation and Scope of Coverage of Statutory Caps
CHAPTER 18 DEFENSES
I. Statutes of Limitation
II. Absence of Causation
III. Proof of Severity of Emotional Distress
IV. Preemption of Tort Actions Under Federal Labor Laws
CHAPTER 19 ESSENTIAL MEDICAL AND PSYCHIATRIC PRINCIPLES AND AUTHORITIES
CHAPTER 20 MENTAL AND PSYCHOLOGICAL DISORDERS RELEVANT TO LITIGATION
I. Posttraumatic Stress and the Anxiety Disorders
II. Brain Trauma and Other Central Nervous System Disorders
III. Somatization, Conversion "Hysteria," and Malingering
IV. Personality Disorders (Axis II)
V. Mood Disorders
VI. Substance Abuse
CHAPTER 21 INTEGRATION OF LEGAL AND PSYCHIATRIC CONCEPTS
CHAPTER 22 PRACTICE POINTERS FOR PLAINTIFF'S COUNSEL
I. Intentional Infliction of Emotional Distress
II. Negligent Infliction of Emotional Distress
III. Trial Strategy
CHAPTER 23 DEFENDING A PSYCHOLOGICAL INJURY CLAIM
I. Introduction
II. Investigation and Discovery
III. Trial Strategy
APPENDIX A JURY INSTRUCTIONS
APPENDIX B PLEADINGS
APPENDIX C DISCOVERY MATERIALS
TABLE OF CASES
TABLE OF STATUTES
INDEX
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