United States DC Circuit

In diversity action charging former employer with wrongful discharge and intentional infliction of emotional distress, dismissal of complaint for failure to state a claim is reversed in part as to the emotional distress claim where plaintiff was not merely pleading intra-workplace mistreatment, but instead alleged that after defendant fired him, it intentionally filed a false charge against him with the NRC -- a charge that could have prevented him from working as a nuclear technologist and subjected him to criminal penalties.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• Before:  ROGERS, GARLAND, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Brian W. Shaughnessy argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Keith J. Harrison argued the cause for appellee.   With him on the brief was Daniel M. Creekman.