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D.C. Circuit· 6/15/2007

Koch, Randolph v. Cox, Christopher

Citations

  • 489 F.3d 384
  • 376 U.S. App. D.C. 376
  • 73 Fed. R. Serv. 1048
  • 19 Am. Disabilities Cas. (BNA) 587
  • 2007 U.S. App. LEXIS 14019
  • 89 Empl. Prac. Dec. (CCH) 42,861
  • 100 Fair Empl. Prac. Cas. (BNA) 1402
  • 2007 WL 1713354

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).

Judges: Ginsburg, Brown, Kavanaugh

Read full opinion on CourtListener

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.