What is the name of your state (only U.S. law)? TX
TX
I am being sued for breach of contract and Intentional Infliction of Emotional Distress.
I wanted to ask about IIED. Long story short, last winter this other person went on Facebook and created a page solely to attack me. They posted pictures, my address, my phone number all kinds of stuff. They were accusing me of all kinds of crimes. They then sent the page to all my friends, family, co-workers etc. Their friends were making hundreds of comments on it, one them talking about tracking me down and bashing my skull in with a brick. This scared the hell out of me. For three days I did not leave my place until a friend took me to the police station. I had splotches of hair missing from the stress. The police contacted FB and had them take down the page. Then the other person created another page on a different site with the same information and then posted links to that all over FB. I received a bunch of crank calls and threatening messages on FB from people I do not even know. I ended up moving because I was scared to leave my place because of all the threats I got.
After a few weeks of this I wrote out a long email to all my friends and people that saw the profile. I explained what was going and what steps I had taken. I also included screen shots of emails from this other person to me and to other people. They were not flattering at all but they were their own words. I wanted to show what kind of credibility they had.
A month later they filed a lawsuit against me for BofC and IIED. The BofC is a joke and we are going to blow it out of the water.
With the IIED they claimed in court papers that my actions caused them: loss of appetite, anxiety, depression, and insomnia.
1. Their attorney objected to answering who their doctor was on the grounds it violated their privacy.
2. Refuses to turn over any medical records on the grounds it violates their privacy.
3. On their loss of appetite, we checked out their FB page. 3 months before they filed the suit and 3 months after. We took screen shots of more than 150 posts of their status updates that talked about what they are eating. I think we have 185 in just a 6 month period. They even had a couple of updates about how much weight they had gained from eating.
We confronted their attorney with the screen shots. Their attorney refuses to back down from saying I caused a loss of appetite. He is also trying to quash the screen shots as evidence on the grounds that we violated their privacy (by taking screen shots of a publicly available page).
My question, does this sound like a typical IIED case? Does their attorney have any ethical obligation to not bring forward a case that obviously has so many problems?
TX
I am being sued for breach of contract and Intentional Infliction of Emotional Distress.
I wanted to ask about IIED. Long story short, last winter this other person went on Facebook and created a page solely to attack me. They posted pictures, my address, my phone number all kinds of stuff. They were accusing me of all kinds of crimes. They then sent the page to all my friends, family, co-workers etc. Their friends were making hundreds of comments on it, one them talking about tracking me down and bashing my skull in with a brick. This scared the hell out of me. For three days I did not leave my place until a friend took me to the police station. I had splotches of hair missing from the stress. The police contacted FB and had them take down the page. Then the other person created another page on a different site with the same information and then posted links to that all over FB. I received a bunch of crank calls and threatening messages on FB from people I do not even know. I ended up moving because I was scared to leave my place because of all the threats I got.
After a few weeks of this I wrote out a long email to all my friends and people that saw the profile. I explained what was going and what steps I had taken. I also included screen shots of emails from this other person to me and to other people. They were not flattering at all but they were their own words. I wanted to show what kind of credibility they had.
A month later they filed a lawsuit against me for BofC and IIED. The BofC is a joke and we are going to blow it out of the water.
With the IIED they claimed in court papers that my actions caused them: loss of appetite, anxiety, depression, and insomnia.
1. Their attorney objected to answering who their doctor was on the grounds it violated their privacy.
2. Refuses to turn over any medical records on the grounds it violates their privacy.
3. On their loss of appetite, we checked out their FB page. 3 months before they filed the suit and 3 months after. We took screen shots of more than 150 posts of their status updates that talked about what they are eating. I think we have 185 in just a 6 month period. They even had a couple of updates about how much weight they had gained from eating.
We confronted their attorney with the screen shots. Their attorney refuses to back down from saying I caused a loss of appetite. He is also trying to quash the screen shots as evidence on the grounds that we violated their privacy (by taking screen shots of a publicly available page).
My question, does this sound like a typical IIED case? Does their attorney have any ethical obligation to not bring forward a case that obviously has so many problems?
