23 Cited authorities

  1. Jaffee v. Redmond

    518 U.S. 1 (1996)   Cited 1,168 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 590 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. Bay v. Cassens Transport Company

    212 F.3d 969 (7th Cir. 2000)   Cited 564 times
    Holding that, absent evidence of bad faith or pretext, an employer is generally entitled to rely on medical determinations of an employee's abilities
  4. United States v. Salerno

    505 U.S. 317 (1992)   Cited 185 times   1 Legal Analyses
    Holding that former testimony may not be introduced under Rule 804(b) without a showing of “similar motive”
  5. In re Keeper of Records

    348 F.3d 16 (1st Cir. 2003)   Cited 182 times   3 Legal Analyses
    Finding it "crystal clear that any previously privileged information actually revealed [to third parties] lost any veneer of privilege"
  6. Sarko v. Penn-Del Directory Co.

    170 F.R.D. 127 (E.D. Pa. 1997)   Cited 97 times
    Holding that "a party waives the privilege by placing her mental condition at issue"
  7. Garner v. Chevron Phillips Chem. Co.

    834 F. Supp. 2d 528 (S.D. Tex. 2011)   Cited 49 times   1 Legal Analyses
    Holding that "an employee's protected status . . . is based on engaging in a protected activity as defined by 29 U.S.C. § 215"
  8. Hodgdon v. Northwestern University

    245 F.R.D. 337 (N.D. Ill. 2007)   Cited 38 times
    Finding that an employer's subpoena on the plaintiff's healthcare providers seeking medical records relating to the illness that required his leave to be justified
  9. Flag Fables, Inc. v. Jean Ann's Country Flags and Crafts, Inc.

    730 F. Supp. 1165 (D. Mass. 1990)   Cited 63 times
    Finding in a copyright case that the "potential damage to the plaintiffs reputation for excellence is just the kind of irreparable harm which a motion for preliminary injunction is intended to address"
  10. Kronenberg v. Baker & McKenzie LLP

    747 F. Supp. 2d 983 (N.D. Ill. 2010)   Cited 18 times
    Denying motion to compel mental health records and finding no waiver of psychotherapist-patient privilege in physical disability case where plaintiff "repeatedly, unambiguously, and explicitly disavowed" any claims or evidence of mental or emotional injury, including any claim for "garden variety" emotional damages
  11. Rule 72 - Magistrate Judges: Pretrial Order

    Fed. R. Civ. P. 72   Cited 165,636 times   20 Legal Analyses
    Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order
  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,469 times   650 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  13. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,250 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"
  14. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,474 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination
  15. Section 31105 - Employee protections

    49 U.S.C. § 31105   Cited 176 times   14 Legal Analyses
    Stating that "[a]ll complaints initiated under this section shall be governed by the legal burdens of proof set forth in section 42121(b)"
  16. Rule 503 - Health Care Professional, Mental Health Professional, and Licensed Counseling Professional Patient Privilege

    Me. R. Evid. 503   Cited 10 times

    (a) Definitions. As used in this rule: (1) A "patient" is a person who consults, is examined by, or is interviewed by: (A) A health care professional; (B) A mental health professional; or (C) A licensed counseling professional. (2) A "health care professional" is: (A) A person authorized to practice as a physician; (B) A licensed physician's assistant; or (C) A licensed nurse practitioner; Under Maine law, or under substantially similar law of any other state or nation, while that person is practicing