Jones v. Swanson
United States Appeals Court for the Eighth Circuit
341 F.3d 723 (2003)
Donna Jones reconnected with an old flame, Todd Swanson (defendant), after 20 years, expressing dissatisfaction with her marriage to Richard Jones (plaintiff) while still saying she loved him as the father of their children. Donna and Swanson began a long-distance affair; Donna eventually told Richard she was considering divorce, and after he suspected and confronted her about the affair, the couple entered counseling and Donna moved back home before Swanson visited again and the two slept together. Richard sued Swanson for alienation of affection and then filed for divorce; a jury awarded him $450,000 in compensatory damages and $500,000 in punitive damages, and Swanson appealed.
Whether there is sufficient evidence to hold a man liable for alienation of affection when he pursued an affair with a married woman who had been dissatisfied with her marriage beforehand and became infatuated with him despite retaining some affection for her husband.