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Unformatted text preview: emotional distress? b. procedural issue: The husband maintained that the wife failed to allege facts giving rise to an action for IIED and that, even if the conduct alleged was actionable, the claim was not viable because the statute of limitations had run on most the alleged misconduct. Disposition (judgment): Affirmed Holding: They held that taking the allegations as true the complaint was sufficient to survive a motion to dismiss. The continuing tort rule was applied which ousted the statute of limitations. Rule of Law or Legal Principle Applied: Continuing tort rule: the termination date is used as the last date of the marriage. Other jurisdictions have found wherein the conduct went far beyond the trials of everyday life to be sufficiently outrageous. Reasoning: The allegations in the complaint, viewed in their entirety, showed a type of domestic violence that was extreme enough to be actionable....
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- Fall '09
- Pleading, Allegation, Cause of action, emotional distress