Burgos v. Thompson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• discussing that the majority of cases require something more than “merely seeking incidental, ‘garden-variety,’ emotional distress damages”
• stating that emotional 22 distress that is not garden-variety may be complex, such as that resulting in a specific 23 psychiatric disorder, or may be unusual, such as to disable one from working
• “A party does not put his or her emotional condition at issue by merely seeking incidental, ‘garden variety’ emotional distress damages, without more.”
• “merely seek[ing] damages for emotional distress incidental to the alleged misconduct of defendants” does not result in a waiver
• ‘‘[g]arden-variety emotional distress is that which [is] simple or usual’’
• in context of motion made under Rule 35

Source: CourtListener parenthetical corpus (CC0).