Monday, May 9, 2016

Judge Munley of Federal Middle District Allows Claim for Negligent Infliction of Emotional Distress to Proceed

In his recent decision of Caple v. Sears Dept. Stores, No. 3: 15 - CV - 1666 (M.D. Pa. April 15, 2016 Munley, J.), Judge James M. Munley of the Middle District of Pennsylvania denied a Defendant’s partial Motion to Dismiss filed against a negligent infliction of emotional distress claim.  

In so ruling, Judge Munley found that an allegation of “severe emotional distress” in the Complaint was enough, under federal pleadings law, to plead the type of debilitation and extended emotional distress necessary to support a claim for negligent infliction of emotional distress.  

Judge Munley's Opinion can be viewed HERE  , and his corresponding Order HERE.

I send thanks to Attorney James Beck of the Philadelphia office of Reid Smith and the writer of the notable legal blog, The Drug and Device Law Blog for bringing this case to my attention.    


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