Koch, Randolph v. Cox, Christopher

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the Jaffee Court closely analogized the attorney-client privilege to the psychotherapist-patient privilege and held them to be substantially similar
• noting that a plaintiff “waives the psycho-therapist-patient privilege when . . . he does the sort of thing that would waive the attorney-client privilege”
• observing that the Seventh Circuit’s statement about waiver in Oberweis was made “without unnecessary elaboration”
• explaining that a patient waives the privilege where she “selectively diselose[s] part of a privileged communication in order to gain an advantage in litigation” (citation and internal quotation marks omitted)
• explaining that a patient waives the privilege where she “selectively disclose[s] part of a privileged communica- tion in order to gain an advantage in litigation” (citation and internal quotation marks omitted); Nguyen v. Excel Corp., 197 F.3d 200, 206 (5th Cir. 1999
• describing “middle ground” approach that does not recognize waiver of privilege “where a plaintiff merely alleges ‘garden variety’ emotional distress and neither alleges a separate tort for the distress, any specific psychiatric injury or disorder, or unusually severe distress”

Source: CourtListener parenthetical corpus (CC0).