This section contains the nature of the case and procedural background.

P and D were involved in a romantic relationship for approximately two-and-a-half years. They had one child together. While they were romantically involved, P sent nude photos of herself to D. After the relationship ended, the parties became involved in a custody dispute over their child. P sent D a text requesting that he delete the nude photos of her and promised that if he did, she would not use those photos in their custody dispute. D agreed. Several years later, P received a call from D's ex-wife, who informed her that she and her son had seen the photos of P. According to the ex-wife, D 'had given his phone to his son to play with and the child brought the phone home and showed the photos to his mother.' The ex-wife sent P one of the photos as proof. P filed a complaint against D, alleging causes of action for intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract, equitable estoppel, punitive damages, negligent misrepresentation, and fraud. D filed a motion to dismiss, asserting (1) that 'P's tort claims are barred by operation of the economic loss rule'; (2) that her 'breach of contract claim fails for want of damages'; (3) that she could not assert her 'equitable estoppel claim . . . as an independent cause of action'; and (4) that she could not bring a 'punitive damages claim . . . as an independent cause of action.' The district court dismissed P's complaint. P appealed.

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