…and Texas lower court runs home and tells mommy.

In Creditwatch v. Jackson, Denise Jackson filed suit against Creditwatch alleging sexual harassment. However, once defendants moved for summary judgment, Jackson amended her complaint alleging only…you guessed it…intentional infliction of emotional distress. To make a long story short, the case ended up in the hands of theTexas Supreme Court who whined opined,

For the tenth time in little more than six years, we must reverse an intentional infliction of emotional distress claim for failing to meet the exacting requirements of that tort.

***

This tort was never intended as an easier and broader way to pursue claims already protected by our expanding civil and criminal laws. If the tort is to remain viable where “gaps” still remain, litigants and judges cannot entertain it as a catch-all that avoids the careful balancing behind alternate legal claims.

Hat tip to Michael Fox

By admin