Every passage below is lifted verbatim out of the citing opinion, with the
citation itself highlighted. Nothing here is a summary and nothing is generated —
it is what the later court actually wrote.
Bob2026-02-19
…degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’” Hoffmann-La Roche, Inc. v. Zeltwanger, 144 S.W.3d 438, 445 (Tex. 2004) (quoting Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993)). The plaintiff must also demonstrate that there is no alternative cause of action available to redress the alleged misconduct. Stelly, 982 F.3d at 408 (citing Hoffmann-La Roche, 144 S.W.3d at 447). That is because “IIED is a ‘gap-filler’ tort reserved for ‘those rare instances in which a defendant intenti…
DeWitt2026-01-05
…5). Extreme and outrageous conduct is that which is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Twyman v. Twyman, 855 S.W.2d 619, 621-22 (Tex. 1993). “Whether a defendant’s conduct is extreme or outrageous enough to permit recovery is a matter within the province of the court.” Von Beck-Lutes v. Arning, 484 F. Supp. 2d 585, 588 (W.D. Tex. 2007) (citing Atkinson v. Denton Publ’g Co., 84 F.3d 144, 151 (5th Cir. 1996)); GTE Sw., Inc. v. Bruce, 998 S.W.2d 605, 616 (Tex.…
In re: Cedric Lavon Billups, Sr. and Donna Marie Billups v. Partners for Payment Relief DE I, LLC and Arbelaez Investments, LLC2025-11-17
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Pamon2025-08-06
…ss claim is not permitted under Texas law. With regard to her claims for negligent infliction of emotional distress, as explained supra, “Texas does not recognize a cause of action under this theory.” Barker, 713 F.3d at 224 (citing Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993)); Boyles, 855 S.W.2d at 594. Thus, Singleton’s motion to dismiss should be GRANTED IN PART, and Plaintiff’s intentional and negligent infliction of emotional distress claims should be DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.6 Defendant APWU’s Motion to D…
Grant2025-06-18
…605, 612 (Tex. 1999). Instead, the conduct must be outrageous and extreme “beyond all possible bounds of decency,” such that it is “atrocious, and utterly intolerable in a civilized community.” Swafford, 401 F. Supp. 2d at 765 (quoting Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993)); see also Creditwatch, Inc. v. Jackson, 157 S.W.3d 814, 817 (Tex. 2005) (holding that the conduct must border “serious criminal acts”). Thus, an employee can maintain an IIED claim against his employer only “in the most unusual cases.” Wilson v. Monarch Paper Co., 939 F.2d 1138, 1143 (5th Cir. 1991).…
Escobedo2025-06-05
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Strong2024-12-17
…nt is satisfied only if the defendant’s conduct is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993). Mere “insults, indignities, threats . . . , or other trivialities” are not extreme and outrageous. GTE Sw., Inc. v. Bruce, 998 S.W.2d 605, 612 (Tex. 1999). “Meritorious claims for intentional infliction of emotional distress are relatively rare precisely because most human conduct, even that which causes injury to oth…
Harris2023-08-28
…existence of a pre-existing mental health condition that caused Plaintiff emotional distress prior to the incident could rebut that claim, potentially eliminating or reducing any award for emotional distress damages.” Dkt. 45 at 9 (citing Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993)). But neither party proposes an 2 This is the time frame identified by TJH Law in its Request for Production No. 14 (“Please produce documents sufficient to identify all of the sources of income to You from January 1, 2017 to the present, including without limitation any employment, any acting roles, and any other services…
Dixon2023-08-23
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Fuller2023-01-10
…aim. A Texas courts have “adopted the Restatement’s formulation of intentional infliction of emotional distress.” Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000) (citing Twyman v. Twyman, 855 S.W.2d 619, 621-22 (Tex. 1993)). “[T]o recover damages for intentional infliction of emotional distress, a plaintiff must establish that (1) the defendant acted intentionally or recklessly; (2) the defendant’s conduct was extreme and outrageous; (3) the defendant’s actions caused the plaintiff emotional distress; and (4) the emotional distress suffered…
Thomas2022-12-14
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Stacey2022-01-11
…t should be found ‘only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’” Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993). “[I]ndignities, threats, annoyances, [or] petty oppressions” are insufficient. GTE Sw., Inc. v. Bruce, 998 S.W.2d 605, 612 (Tex. 1999). “[A]n intentional infliction of emotional distress claim does not arise from most employment disputes, but instead can exist in only the most unusual of circumstances.” Swafford v. Ban…
Hondros2021-11-02
…tion “shall be found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993) (citation and internal quotations omitted). Hondros’s complaint falls far short of this standard. She alleges that: 5 • Individuals potentially affiliated with ULA conducted a “debriefing” of Plaintiff. (See Docket Entry No. 1 at 7).…
Gurrola2021-10-25
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Maldonado2021-09-30
…“1) the defendant acted intentionally or recklessly, 2) the conduct was extreme and outrageous, 3) the actions of the defendant caused the plaintiff emotional distress, and 4) the emotional distress suffered by the plaintiff was severe.” Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993). The Maldonados’ complaint is devoid of any allegations to support a claim of intentional infliction of emotional distress against Friendswood. This claim is dismissed. The Maldonados have failed to state a claim against Friendswood; their request for injunctive relief against Friendswood is also dismisse…
Maldonado2021-09-17
…1) the defendant acted intentionally or recklessly, 2) the conduct was extreme and outrageous, 3) the actions of the defendant caused the plaintiff emotional distress, and 4) the emotional distress suffered by the plaintiff was severe.” Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993). It is for the court to determine as a matter of law whether a defendant’s conduct was “extreme and outrageous.” GTE Southwest, Inc. v. Bruce, 998 S.W.2d 605, 616 (Tex. 1999). A tortious act alone is not “extreme and outrageous.” See Brewerton v. Dalrymple, 997 S.W.2d 212, 216 (Tex. 1999). To be “extreme and outrageou…
Payne2021-08-26
…intiffs would have to prove that Midcrown engaged in conduct so extreme and outrageous as to go “beyond all possible bounds of decency” and that a civilized community would regard the conduct as “atrocious and utterly intolerable.” See Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993). Whether a defendant’s conduct rises to this level is a question of law. Wornick Co. v. Casas, 856 S.W.2d 732, 734 (Tex. 1993). “An eviction is an unpleasant legal proceeding for both landlord and tenant, but generally, action taken pursuant to a lease contract does not rise to the level of outrageous conduct necessary…
Cantu2021-06-28
…nts: “1) the defendant acted intentionally or recklessly, 2) the conduct was ‘extreme and outrageous,’ 3) the actions of the defendant caused the . . . emotional distress, and 4) the resulting emotional distress was severe.” Id. (quoting Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993)); accord Kroger Tex. Ltd. P’ship v. Suberu, 216 S.W.3d 788, 796 (Tex. 2006). Of course, to survive a motion to dismiss, there must be sufficient factual allegations for each element. The Cantus challenge this claim with respect to the second element. Mot. at 11-13. They argue that merely rude behavior does n…
Maldonado2021-06-18
…“1) the defendant acted intentionally or recklessly, 2) the conduct was extreme and outrageous, 3) the actions of the defendant caused the plaintiff emotional distress, and 4) the emotional distress suffered by the plaintiff was severe.” Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993). It is for the court to determine as a matter of law whether a defendant’s conduct was “extreme and outrageous.” GTE Southwest, Inc. v. Bruce, 998 S.W.2d 605, 616 (Tex. 1999). A tortious act alone is not “extreme and outrageous.” See Brewerton v. Dalrymple, 997 S.W.2d 212, 216 (Tex. 1999). To be “extreme and outra…
Yadav2020-12-16
…lice report, and for harassing him. (Am. Compl. [#38] at ¶¶ 162, 179, 183.) Plaintiff’s IIED claim fails as a matter of law. Texas law recognizes the tort of IIED. Twyman v. Twyman, 855 S.W.2d 619, 621–22 (Tex. 1993). But the Texas Supreme Court has limited the availability of the IIED tort, calling it a “‘gap-filler’ tort never intended to supplant or duplicate existing statutory or common-law remedies.” Creditwatch, Inc. v. Jackson, 157 S.W.3d 814, 816 (Tex. 2005); see also Noack v. YMCA of Greater Houston Area, 418 Fed. App’x 3…
W.L.,IV2020-11-12
….L.V’s IIED claim. That argument fails as there is sufficient evidence of W.L.V’s distress in the record. But the IIED claim fails for another reason: it is precluded as a matter of law. Texas law recognizes the tort of IIED. Twyman v. Twyman, 855 S.W.2d 619, 621–22 (Tex. 1993). But the Texas Supreme Court has limited the availability of the IIED tort, calling it a “‘gap-filler’ tort never intended to supplant or duplicate existing statutory or common-law remedies.” Creditwatch, Inc. v. Jackson, 157 S.W.3d 814, 816 (Tex. 2005); see also Noack v. YMCA of Greater Houston Area, 418 Fed. App’x 3…
Schroeter2020-09-25
…was extreme and outrageous; (3) the defendant’s actions caused the plaintiff emotional distress; and (4) the emotional distress suffered by the plaintiff was severe. Mattix Hill v. Reck, 923 S.W.2d 596, 597 (Tex. 1996) (citing Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex.1993)). The defendant’s conduct must have been “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” 10 Twyman, 855 S.W.2d at 621;…
Crow2020-09-17
…dant acted intentionally or recklessly, (2) the conduct was extreme and outrageous, (3) the actions of the defendant caused the plaintiff emotional distress, and (4) the emotional distress suffered by the plaintiff was severe. Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993) (quoting RESTATEMENT (SECOND) OF TORTS § 46 (1965)).1 These elements are essentially identical to those under the Ohio law, as relied upon by the Magistrate Judge. (Dkt. #45 at 24–25). Accordingly, notwithstanding the Report’s application of Ohio law, the Court adopts the Magistrate Judge’s recommenda…
Mandawala2020-09-03
…the conduct was extreme and outrageous; (3) the defendant s actions caused the plaintiff emotional distress; and (4) the emotional distress suffered by the plaintiff was severe. Mattix Hill v. Reck, 923 S.W.2d 596, 597 (Tex. 1996) (citing Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex.1993)). The defendant’s conduct must have been “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Twyman, 855 S.W.2d at 621; Hirras v. Nat’l R.R. Passenger Corp., 95 F.3d 396, 400 (5th Cir. 1996)…
Mandawala2020-08-20
…he conduct was extreme and outrageous; (3) the defend- ant’s actions caused the plaintiff emotional distress; and (4) the emotional distress suffered by the plaintiff was severe. Mattix–Hill v. Reck, 923 S.W.2d 596, 597 (Tex. 1996) (citing Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex.1993)). The defendant’s conduct must have been “so outra- geous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Twyman, 855 S.W.2d at 621; Hirras v. Nat’l R.R. Passenger Corp., 95 F.3d 396, 400 (5th Cir. 1996…
Mandawala2020-08-20
…he conduct was extreme and outrageous; (3) the defend- ant’s actions caused the plaintiff emotional distress; and (4) the emotional distress suffered by the plaintiff was severe. Mattix–Hill v. Reck, 923 S.W.2d 596, 597 (Tex. 1996) (citing Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex.1993)). The defendant’s conduct must have been “so outra- geous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Twyman, 855 S.W.2d at 621; Hirras v. Nat’l R.R. Passenger Corp., 95 F.3d 396, 400 (5th Cir. 1996…