United States Sixth Circuit

In an action alleging that plaintiff's wife, who suffered from a severe form of bipolar disorder, committed suicide as a consequence of Discover's purported harassing of the couple over $15,000 worth of unpaid credit card purchases, dismissal of the claims on the pleadings and at summary judgment is reversed in part where dismissal of an intentional infliction of emotional distress or "outrageous conduct" claim at the 12(b)(6) stage was error, as plaintiff at least stated a claim for outrageous conduct based on Discover's threats of criminal prosecution for failure to pay a purely civil debt.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• Before:  MERRITT and MARTIN, Circuit Judges;  FORESTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Kennerly Burger, Burger, Siskin, Scott & McFarlin, Murfreesboro, Tennessee, for Appellant.  Scott D. Carey, Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville, Tennessee, for Appellee.   ON BRIEF:  William Kennerly Burger, Burger, Siskin, Scott & McFarlin, Murfreesboro, Tennessee, for Appellant.  Scott D. Carey, Mary Ann Miranda, Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville, Tennessee, for Appellee.