Narrative Opinion Summary
Serwah Kanu appeals the dismissal of her civil action for intentional infliction of emotional distress, granted by the district court under Fed. R. Civ. P. 12(c). The court reviewed the record and determined that Kanu's complaint did not adequately state a claim for this cause of action, referencing Womack v. Eldridge, 215 Va. 338, 342, 210 S.E.2d 145 (1974). Consequently, the district court's order of dismissal is affirmed. The court opted not to hold oral argument, stating that the facts and legal arguments were sufficiently presented in the existing materials.
Legal Issues Addressed
Discretion to Forego Oral Argumentsubscribe to see similar legal issues
Application: The court exercised its discretion to decide the case without oral argument, determining that the written record and briefs were sufficient to resolve the issues presented.
Reasoning: The court opted not to hold oral argument, stating that the facts and legal arguments were sufficiently presented in the existing materials.
Dismissal Under Federal Rule of Civil Procedure 12(c)subscribe to see similar legal issues
Application: The court applies Rule 12(c) to dismiss a complaint that fails to adequately state a claim for relief, as demonstrated in the dismissal of Kanu's claim for intentional infliction of emotional distress.
Reasoning: Serwah Kanu appeals the dismissal of her civil action for intentional infliction of emotional distress, granted by the district court under Fed. R. Civ. P. 12(c).
Standard for Stating a Claim for Intentional Infliction of Emotional Distresssubscribe to see similar legal issues
Application: The court evaluated Kanu's complaint against the legal standards for stating a claim of intentional infliction of emotional distress, as established in prior case law, and found it insufficient.
Reasoning: The court reviewed the record and determined that Kanu's complaint did not adequately state a claim for this cause of action, referencing Womack v. Eldridge, 215 Va. 338, 342, 210 S.E.2d 145 (1974).