McMath v. Biernacki

How courts have described this case

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

• holding that objective, reasonable person standard must be applied in determining whether conduct created \substantial emotional distress\
• holding that the record contained no evidence that the cited incidents constituted stalking, nor did evidence exist in the record that a reasonable person would suffer substantial emotional distress from such incidents
• noting that courts must use a reasonable person standard rather than a subjective standard in determining whether incidents create substantial emotional distress
• applying the competent, substantial evidence standard of review in reviewing an injunction against repeat violence
• finding petitioner’s “subjective distress” insufficient to justify injunction where petitioner was uncomfortable around respondent when he tried to talk to her, sent her a letter, and sent flowers and balloons
• “For determining whether an incident creates substantial emotional distress, courts must use a reasonable person standard, not a subjective standard.”

Source: CourtListener parenthetical corpus (CC0).