Civil Procedure

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7^th Circuit Court of Appeals

Case Name: Xingjian Sun v. Gary Xu

Case No.: 23-1960

Officials: Wood, Lee, and Pryor, Circuit Judges.

Focus: Civil Procedure

The three plaintiffs, Xingjian Sun, Xing Zhao, and Ao Wang sued their professor, Gary Gang Xu, involving various allegations. Sun and Zhao, former students at the University of Illinois at Urbana-Champaign, accused Xu of both sexual and emotional abuse. Additionally, Wang, a professor at Wesleyan University, publicly stated that Xu had a history of sexually assaulting students. In response, Xu purportedly made negative remarks about Wang online and sent a letter to Wang’s employer. Xu countered by asserting a defamation claim against Sun and claims for intentional infliction of emotional distress against all three plaintiffs.

The case was heard in the Central District of Illinois, where a jury ruled in favor of Xu on all claims and awarded him damages against Sun and Wang. The plaintiffs appealed, arguing that the district court erred in rejecting their motion for judgment as a matter of law concerning Xu’s counterclaims for intentional infliction of emotional distress. They also contested the court’s decision to deny their motion for a new trial, citing the admission of evidence regarding Sun’s relationship with another professor.

The Seventh Circuit overturned the judgment in favor of Xu on his counterclaim against Wang, determining that Wang’s behavior did not meet the threshold of being extreme and outrageous under Illinois law. However, the court upheld the judgment in favor of Xu on his counterclaim against Sun, finding that a reasonable jury could conclude that Sun’s actions satisfied the requirements for intentional infliction of emotional distress. Furthermore, the court affirmed the district court’s refusal to grant the plaintiffs’ motion for a new trial.

Affirmed in part and reversed in part

Decided 04/25/24

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