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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In Re an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings

The New York Court of Appeals held that a hospital under Grand Jury investigation for alleged crimes against patients (e.g., "no coding") cannot assert physician-patient or social worker-client privileges, or the patient’s right to privacy, to quash subpoenas for medical records. The court reasoned that these privileges are intended to protect patients, not to shield potential criminals. Additionally, the conditional privilege for material prepared for litigation (CPLR 3101 [d]) does not apply to Grand Jury subpoenas. The decision affirmed the denial of motions to quash subpoenas related to patients Maria M. and Daisy S., emphasizing the broad investigative powers of the Grand Jury.

Grand JurySubpoena Duces TecumPhysician-Patient PrivilegeSocial Worker-Client PrivilegePatient PrivacyMaterial Prepared for LitigationHospital InvestigationMedicaid Fraud ControlCriminal ActivityNo Coding
References
5
Case No. MISSING
Regular Panel Decision

In re Handicapped Child

The Orchard Park Central School District (District) sought a court-ordered subpoena for psychiatric and psychological records of an infant student from the Western New York Children’s Psychiatric Center. The District intended to use these records in an appeal initiated by the student's parents concerning the child's handicapping condition. The parents cross-moved to quash the subpoena, asserting the records were privileged and their consent for release had been withdrawn. Justice Thomas P. Flaherty ruled that no legislative exception existed to abrogate the physician-patient and psychologist-client privileges in this context, especially over parental objection. Consequently, the court denied the District's motion for the subpoena and granted the parents' cross-motion to quash, underscoring the protection of confidential communications in a child's best interests.

Education LawStudent RecordsPsychiatric RecordsPsychological RecordsPrivilegeSubpoena Duces TecumMotion to QuashParental RightsCommittee on HandicappedFair Hearing
References
17
Case No. MISSING
Regular Panel Decision
Oct 02, 2012

Liberatore v. Liberatore

The court issued an amended decision and order concerning a child custody dispute within a matrimonial action. The father improperly obtained the notes and records of the child's psychiatrist and clinical psychologist using a HIPAA release, bypassing judicial process. The court ruled that such records, protected by patient/psychotherapist privilege (CPLR 4504, 4507), cannot be disclosed without court order, emphasizing the court's role as parens patriae and the child's best interests. It found that a parent has a conflict of interest in waiving privilege on behalf of a minor child, and that HIPAA does not grant unfettered parental access if state law prohibits it or if a professional deems it not in the child's best interest. Consequently, the court denied access to the records for both parties and their counsel, ordering their return to the providers or destruction by the attorney for the child.

Child CustodyMatrimonial LawPatient-Psychotherapist PrivilegeHIPAAJudicial ProcessParens PatriaeConfidentialityMinor's RightsBest Interests of the ChildTherapy Records
References
13
Case No. MISSING
Regular Panel Decision
Aug 16, 1988

In re the Grand Jury Subpoenas Served Upon Doe

The Grand Jury of New York County issued subpoenas duces tecum to the law firm of John Doe, P. C., seeking various records. John Doe, P. C. moved to quash or modify these subpoenas, asserting attorney-client and attorney work product privileges. After an in camera review of 109 files, the court denied the attorney-client privilege claim for two files due to insufficient proof of confidentiality. For the work product privilege, the court applied the crime-fraud exception for specific subpoenaed records, citing an ongoing investigation into corruption in personal injury litigation. The court also narrowly construed the work product privilege. Consequently, the motion was granted for eight specific files found to contain protected attorney work product, while denied for the remaining files. The records not protected by privilege were ordered to be delivered to the District Attorney by August 18, 1988, following service of the decision on August 16, 1988.

attorney-client privilegework product privilegesubpoenas duces tecumGrand Jury investigationcrime-fraud exceptionin camera inspectionlegal ethicsconfidentialityevidence disclosuremotion to quash
References
12
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. ADJ8396609
Regular
Sep 20, 2013

KELLY SNOW vs. HEALTH NET, INC., SEDGWICK CMS

The Appeals Board granted the applicant's Petition for Removal, rescinding prior orders that compelled the release of her psychotherapist's records and quashed subpoenas. The applicant argued these records were privileged psychotherapist-patient communications, and the therapist was not a physician or psychologist, thus their records were not discoverable for QME review. The Board found that while the psychotherapist-patient privilege exists, it is subject to waiver when mental condition is placed in issue by the patient, but this waiver is limited to relevant records. The case was returned to the trial level to determine if Ms. Bradley's records are relevant to the disclosed psychiatric injury or unrelated.

Petition for RemovalPetition to Quash Subpoena Duces TecumPsychotherapist-patient privilegeQualified Medical EvaluatorLabor Code section 3209.3Administrative Director Rule 35Evidence Code section 1010Holder of the privilegeEvidence Code section 1013Evidence Code section 1014
References
3
Case No. MISSING
Regular Panel Decision
Jun 10, 2015

ABRAHA, LUAM K. v. ADAMS, M.D., CRISTINE M.

This case involves an appeal and cross-appeal concerning the discoverability of a plaintiff's shelter records from a domestic violence victims' shelter. The plaintiff sued multiple defendants, including medical professionals and a medical center, for alleged medical malpractice. The Supreme Court initially conducted an in camera review and ruled that most records were not subject to disclosure. The Appellate Division, however, determined that the shelter records are not privileged and are subject to disclosure if material and necessary, especially since the plaintiff waived any privilege by placing her medical and psychological condition in controversy. The order was modified to direct the plaintiff to provide a privilege log to the defendants, and the matter was remitted for a de novo determination on discoverability.

Discovery DisputeMedical MalpracticePrivilege LogShelter RecordsDomestic ViolenceWaiver of PrivilegeIn Camera ReviewCPLR 3122(b)Social Services LawAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

People v. McHugh

The defendant, Michael McHugh, is on trial for manslaughter and reckless driving. The District Attorney sought to introduce testimony from registered nurses and a certified social worker concerning admissions made by McHugh in his Montefiore Hospital records. McHugh moved to prohibit this testimony, citing doctor-nurse (CPLR 4504) and social worker (CPLR 4508) privileges. The District Attorney argued that McHugh waived the privilege or that the statements were not privileged. The court first ruled that McHugh's limited use of hospital records during a CPL 710.30 suppression hearing, solely to demonstrate medical condition relevant to the voluntariness of statements, did not constitute a complete waiver of privilege. Subsequently, the court concluded that the statements to the nurses and social worker were made in a professional capacity, necessary for treatment, and intended to be confidential, thus establishing the existence of the privilege. Therefore, the defendant's claim of privilege was granted, and the testimony was prohibited.

Doctor-Patient PrivilegeSocial Worker PrivilegeWaiver of PrivilegeEvidentiary RulingSuppression HearingConfidential CommunicationsMedical Records AdmissibilityCriminal ProcedureCPLR 4504CPLR 4508
References
11
Case No. MISSING
Regular Panel Decision
Feb 16, 1982

United States v. Amalgamated Life Insurance

NIOSH, established by Congress to research occupational safety and health under OSHA, is studying the carcinogenicity of formaldehyde exposure in garment workers. As the insurer of these workers, Amalgamated Life Insurance Company holds relevant death records. NIOSH subpoenaed these records, but Amalgamated refused, arguing NIOSH lacked the power to subpoena third-party recordkeepers and that the records were protected by privacy and privilege. The court ruled that NIOSH's subpoena power extends beyond employers and employees under Section 669(b) of OSHA, encompassing all powers in Section 657. The court also found no protectable privacy right, as the employees were deceased and the right to privacy terminates upon death, and that the public interest in NIOSH's study outweighed any privacy claims. Furthermore, the court determined that federal law, not state law, governed privilege in this federal question case, and no federal privilege for death certificates exists. Therefore, the court granted NIOSH's motion to compel Amalgamated to comply with the subpoena.

Occupational Safety and Health Act (OSHA)National Institute for Occupational Safety and Health (NIOSH)Subpoena EnforcementThird-Party RecordkeepersCarcinogenicity StudyFormaldehyde ExposureGarment WorkersRight to Privacy (Deceased)Federal Question JurisdictionDeath Certificates
References
17
Case No. MISSING
Regular Panel Decision
Mar 20, 2009

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

The Equal Employment Opportunity Commission (EEOC) filed suit against Nichols Gas & Oil, Inc. and Townsend Oil Corporation on behalf of ten claimants, alleging sexual harassment, constructive discharge, and retaliation under Title VII of the Civil Rights Act. Defendants moved to compel the production of claimants' medical and mental health records. The court addressed the psychotherapist-patient privilege, finding that Claimant #2, who saw mental health professionals, did not waive her privilege because she only asserted a "garden variety" emotional distress claim and did not intend to use privileged communications at trial. The court clarified that the psychotherapist-patient privilege does not extend to medical, non-mental health providers. For seven claimants, including the Charging Party and Claimant #2, the court ordered the disclosure of medical records relevant to emotional distress, limiting the scope to one year prior to, through one year subsequent to, their employment with Nichols, subject to a protective order to safeguard privacy.

Employment DiscriminationSexual HarassmentDiscovery MotionPsychotherapist PrivilegePhysician-Patient PrivilegeEmotional DistressWaiverFederal Civil ProcedureCivil Rights ActHostile Work Environment
References
26
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