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___________________________________________________________________________________________________Emotional Distress and Psychological Damages can be extremely challenging to deal with in litigation. Here is a convenient half-day seminar session to help you approach each!
AGENDA
8:30 A.M. Registration and Coffee
8:55 A.M. Welcome and Introduction
Peter M. Racher, Program Chair
9:00 A.M. The Evolving Tort of Infliction of Emotional Distress
Peter M. Racher and Nicholas J. Bognanno
• Elements for the Indiana torts of negligent and intentional infliction of emotional distress
• NIED and the modified impact rule
• The bystander rule
• Emotional distress claims that demand compensation but do not
fully satisfy the Indiana elements: K.G. by her parent and next
friend Ruch v. Smith (Ind. 2021)
• Will the Indiana Supreme Court recognize further exceptions
or eliminate the impact/proximity requirements?
• How other states are treating NIED claims
• Proving emotional distress damages
(A 15-minute Coffee Break will be inserted at approximately 10:15 A.M. of the first presentation)
11:15 A.M. Emotional Distress and Other Psychological Damages
Recoverable Under Other Tort Theories
Linda H. Havel
• Recovering nonphysical damages for acts of medical malpractice
• Invasion of privacy, defamation, and other torts permitting recovery
of emotional distress or other psychological damages
• Recovering nonphysical damages for torts committed in the
workplace and the exclusivity of the Worker’s Compensation Act
12:15 P.M. Adjourn