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Da Silva Moore v. Publicis Groupe et al

OPPOSITION BRIEF to Plaintiffs' Rule 72

9 Cited authorities

  1. Jaffee v. Redmond

    518 U.S. 1 (1996)   Cited 1,191 times   11 Legal Analyses
    Holding that "confidential communications between a licensed psychotherapist and her patients in the course of diagnosis or treatment are protected from compelled disclosure under Rule 501 of the Federal Rules of Evidence"

  2. In re Sims

    534 F.3d 117 (2d Cir. 2008)   Cited 601 times   2 Legal Analyses
    Holding that a district court's finding that a party has waived a privilege is reviewed under the abuse-of-discretion standard, and defining the non-pejorative term of art "abuse of discretion"

  3. Santelli v. Electro-Motive

    188 F.R.D. 306 (N.D. Ill. 1999)   Cited 78 times
    Holding that privilege was not waived so long as plaintiff limits her testimony on emotional distress damages to common humiliation and embarrassment

  4. Flowers v. Owens

    274 F.R.D. 218 (N.D. Ill. 2011)   Cited 42 times
    Finding that it is unclear from Oberweis that the Court of Appeals' position is that the psychotherapist-patient privilege is waived when any emotional distress damages are sought

  5. Equal Employment Opportunity Commission v. Nichols Gas & Oil, Inc.

    386 B.R. 114 (W.D.N.Y. 2009)   Cited 38 times
    Granting in part defendant employer's request, in sexual harassment case, to compel discovery of claimants' medical records for the purpose of examining emotional distress claims, with limitation to the period from one year prior to one year subsequent to each claimant's employment

  6. Kinneary v. City of New York

    536 F. Supp. 2d 326 (S.D.N.Y. 2008)   Cited 17 times
    In Kinneary, for example, the court remitted an award of $125,000 to $25,000 where the plaintiff claimed that he felt embarrassed and disappointed over losing his job, having to rely on the financial support of others, and having to remove his daughter from her school for financial reasons.

  7. Kunstler v. City of New York

    439 F. Supp. 2d 327 (S.D.N.Y. 2006)   Cited 14 times
    Rejecting "the notion that a plaintiff's demand for emotional-distress damages necessarily triggers a waiver of the privilege for her psychotherapy records"

  8. In re Suff. Cty

    75 A.D.3d 513 (N.Y. App. Div. 2010)   Cited 2 times

    No. 2008-04672. July 6, 2010. Proceeding pursuant to Executive Law § 298 to review a determination of the Commissioner of the New York State Division of Human Rights dated February 7, 2008, which adopted the recommendation of an Administrative Law Judge dated January 15, 2008, made after a hearing, inter alia, finding that the petitioner Suffolk County Community College engaged in unlawful racially discriminatory practices against one of its employees and retaliated against him, and awarding that

  9. New York State Division of Human Rights v. Fulton Footcare Associates, P.C.

    15 A.D.3d 583 (N.Y. App. Div. 2005)

    2004-02119. February 22, 2005. Proceeding pursuant to Executive Law § 298 to enforce a determination of the Commissioner of the New York State Division of Human Rights dated August 13, 2002, which, after a hearing, found that the respondents had unlawfully discriminated against the complainant in the terms and conditions of her employment and awarded the complainant $7,000 in compensatory damages for mental anguish. Before: Florio, J.P., Krausman, Goldstein and Mastro, JJ., concur. Adjudged that