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Article • August 1, 2008 • from P&J August, 2008
Sims v. Blot (In Re: Sims), No. 06-0644-op (2nd Cir.) (534 F.3d 117) (July 18, 2008) (Judge Amalya Lyle Kearse) by [Editor's Note: For a commentary on this decision, see "Court of Appeals upholds psychotherapist privilege in garden variety damages claims," as posted on the Second Circuit Civil Rights Blog …
Article • January 1, 2008 • from P&J January, 2008
U.S. v. Auster, No. 07-30084 (5th Cir.) (517 F.3d 312) (February 11, 2008) (Judge Jerry E. Smith) by Although the psychotherapist-patient privilege has been recognized by the Supreme Court as a valid privilege (see, Jaffee v. Redmond, 518 U.S. 1 (1996)), the Circuit courts have disagreed over whether there is …
Article • May 1, 2007 • from P&J May, 2007
Koch v. Cox, No. 06-5134 (D.C. Cir.) (489 F.3d 384) (June 15, 2007) (Judge Douglas Ginsburg) by In a significant privilege decision, the D.C. Circuit has taken a strong stand to protect the confidentiality of mental health records. Plaintiff Randolph Koch sued his employer, the Securities and Exchange Commission, for …
Article • September 11, 2004
Jaffee v. Redmond, No. 95-266 (U.S. Supreme Court) (518 U.S. 1; 116 S.Ct. 1923) (June 13, 1996) (Justice Stevens) by In this civil case, seeking damages for wrongful death under 42 U.S.C. § 1983, the administrator of the decedent's estate sought access to the notes of a clinical social worker …
Article • August 1, 2004 • from P&J August, 2004
In Re Sealed Case, No. 03-7021 (D.C. Cir.) (381 F.3d 1205) (August 31, 2004) (Judge Merrick B. Garland) by Here the D.C. Circuit held that the district court had abused its discretion by ordering the production of medical records to opposing counsel in a civil suit, without determining whether those …
Article • October 13, 2003
White v. Illinois, No. 90-6113 (U.S. Supreme Court) (502 U.S. 346; 112 S.Ct. 736) (January 15, 1992) (Justice Rehnquist) by In this case the Court held that statements made by a patient for the purposes of medical diagnosis or treatment are an established exception to the hearsay rule because "a …
Article • August 1, 2003 • from P&J August, 2003
U.S. v. Chase, No. 01-30200 (9th Cir.) (340 F.3d 978) (August 22, 2003) (Judge Susan P. Graber) by In this case a divided en banc court held that, even though the threats that the defendant communicated to his psychiatrist arguably constituted a crime, the psychotherapist-patient privilege, which is recognized by …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Chase, No. 01-30200 (9th Cir.) (301 F.3d 1019) (August 21, 2002) (Per Curiam) by The defendant in this case was convicted of violating 18 U.S.C. § 115(a)(1)(B) by threatening to murder federal law enforcement officers who were preparing to execute a search warrant on his home. On appeal, …
Article • November 1, 2000 • from P&J November, 2000
U.S. v. Hayes, No. 98-6623 (6th Cir.) (227 F.3d 578) (September 14, 2000) (Judge James L. Ryan) by Here the majority of the panel held that there is no "dangerous patient" exception to the federal psychotherapist/patient testimonial privilege under Fed. R. Evid. 501.
Article • September 1, 1999 • from P&J September, 1999
In Re Grand Jury Proceedings (Gregory P. Violette), No. 99-1734 (1st Cir.) (183 F.3d 71) (August 19, 1999) (Judge Bruce M. Selya) by In this case the issue arose in the context of a grand jury investigation into possible bank and mail fraud. The subject of the investigation was accused …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Lowe, No. Crim. No. 95-10404-PBS (D.Mass.) (948 F.Supp. 97) (October 21, 1996) (Judge Patti B. Saris) by Court extended doctor/patient privilege to cover communications between a victim and her rape crisis counsellor even though that person was not a trained doctor. In Re Grand Jury, 103 F.3d 1140 …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Lowe, No. Crim. No. 95-10404-PBS (D.Mass.) (948 F.Supp. 97) (October 21, 1996) (Judge Patti B. Saris) by Court extended doctor/patient privilege to cover communications between a victim and her rape crisis counsellor even though that person was not a trained doctor. In this case the Court considered whether …