Identify the elements necessary for an intentional infliction of emotional distress claim.

Total of six sources using the four provided and two local for Illinois.

Must Complete in Memo Format/Single spaced/Must follow BlueBook Citation 18th Ed.

You were sent an interoffice memorandum from a senior partner, asking for you to collaborate on a case.

Client information:

Dr. Eliza Snow received her medical degree and was accepted to North Hospital for a residency in psychiatry. Dr. Mark Eggert, a psychiatrist, was assigned to be her primary mentor in the program. At first, Eliza enjoyed her residency, despite the long hours, because she had always wanted to be a psychiatrist. However, she started to be disturbed by Dr. Eggert’s conduct towards her. She was supposed to have weekly meetings with Dr. Eggert to discuss her progress and issues that came up with her clients. Dr. Eggert started to suggest that they meet in local restaurants, instead of his office, to have these weekly sessions. When Dr. Snow asked why, he would always make an excuse that it was easier for him to get home. On a few occasions, he would send e-mails that mentioned their “love meetings,” but when Dr. Snow tried to confront him about it, he just said that he was joking. On a few occasions, he called her “hot thing” and “my girl” in front of other hospital employees. She found out that he had told one of the nurses that he and Dr. Snow were having an affair. Dr. Eggert was married and occasionally told Dr. Snow intimate details of his time with his wife that she found very uncomfortable. When she tried to raise these issues with Dr. Eggert, he kept telling her that she was imagining things and that she had to be thick-skinned to deal with a residency. On multiple occasions, he touched her thigh or stomach and then seemed to pretend it was just an accident. Dr. Snow had been sexually harassed by a male teacher in high school, to such an extent that she had needed counseling, and her experience with Dr. Eggert was starting to bring back very bad memories. He began to send her daily e-mails, which might seem innocent to an outsider, but seemed unnecessarily intimate to her, as he asked her about details of her life. She asked another supervisor about it, and was told that Dr. Eggert was a valuable member of the hospital and that she must be imagining things. Finally, she decided to take a leave of absence from her residency. When she sent notice of her leave to Dr. Eggert, he sent a letter to the hospital administration, saying that Dr. Snow was unfit for the program. Dr. Snow returned to counseling, where she was diagnosed with major depression and anxiety.
Lisa Bowman has asked you to research this case for a potential claim of intentional infliction of emotional distress. You should develop a research plan for the assignment, formulating the legal questions to be explored and appropriate legal search terms. Lisa Bowman suggests that your group first review IL-LP DAMAGES § 35 regarding intentional infliction of emotional distress. She has asked you to focus on the following case law: Feltmeier v. Feltmeier, 798 N.E. 2d 75 (Ill. 2003); Reilly ex rel. Reilly v. Wyeth, 315 Ill. Dec. 428, 876 N.E.2d 740 (App. Ct. 1st Dist. 2007); and Doe v. Calumet City, 161 Ill. 2d 374, 204 Ill. Dec. 274, 641 N.E.2d 498 (1994). Lisa Bowman has also asked for information on the local court rules for filing a Complaint – once you have decided on which court the case should be brought in (state or federal court), you should look up the court rules and post information on the format of a Complaint, and how to file and serve pleadings for that court.

After reviewing the research, you are to write a 3 page memo in which you apply the research to the facts in the case in order to answer the legal questions. The memo should be addressed to the senior partner, citations noted in Bluebook format; and case law must be checked for validity. Students should keep in mind the need to identify case law, as much as possible, that has mandatory authority for the client’s case. Must follow IRAC Method in the Memo.

•In discussing caselaw, distinguish between mandatory vs. persuasive authority.
•In researching the caselaw, consider what is and is not good law and why?
•Remember that every case has good and bad points. Identify both. Explain how you can deal with the bad points.
•Determine whether mandatory authority that is disfavorable can be distinguished from Dr. Snow’s case.
•The legal questions should guide your statement of the facts. Use only those facts that are necessary to address the issues presented.
•Identify the elements necessary for an intentional infliction of emotional distress claim. What facts in Dr. Snow’s case satisfy each element?
•Cite using the Bluebook.
•Explain how you determined the appropriate court in which to file the claim.

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