Court expands patient privilege; confidentiality between therapist and patient is seen - and it applies to social workers as well
Article Abstract:
A June 13, 1996, ruling by the US Supreme Court recognizes for the first time a federal psychotherapist-patient privilege similar to the attorney- client privilege. Lower courts must determine exceptions and other details to the privilege, which extends to communications made to licensed social workers in the course of psychotherapy. All 50 states and the District of Columbia recognize some sort of similar privilege, which the 7-judge majority noted in an opinion by Justice John Paul Stevens.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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D.C. Circuit details default judgment burden
Article Abstract:
The DC Circuit Court of Appeals ruled on Aug 25 that to impose default judgment for litigation misconduct, a federal court must find clear and convincing evidence of abuse and show specifically why a lesser sanction is inadequate. The case, one of first impression, overturned a decision by US District Judge Royce Lamberth, in which he used a preponderance-of-the- evidence standard in handing down judgments against American Broadcasting Cos and its counsel, Wilmer, Cutler & Pickering.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Psychotherapist privilege claim to high court; can a police officer refuse to testify about what she said in counseling?
Article Abstract:
The US Supreme Court will decide in Jaffee v. Redmond if there is a federal psychotherapist-patient privilege. In this case, a police officer who had been involved in a fatal shooting sought professional help. The US Court of Appeals for the 7th Circuit recognized the privilege, wanting to encourage police officers to seek help when necessary. Rule 501 is the federal rule on privileges and its interpretation has differed in federal court.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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- Abstracts: Charges fly in chip war; the defense cries foul in rare criminal trade secrets case. Big artillery nets defense win; trade secrets litigation
- Abstracts: With many courts expanding the responsibilities of attorneys to non-clients, both law firms and their insurers are likely to face increased financial exposure
- Abstracts: Selected developments concerning the federal securities laws and in the market for corporate control. Recent developments in securities class actions
- Abstracts: Property rules versus liability rules: an economic analysis. Fairness versus welfare
- Abstracts: Limited preemption of UCC warranty claims by federal statutes. SS. 2-314, 2-725 merchantability warranty - sale of food or drink for consumption on the premises or elsewhere - UCC statute of limitations applicable