This quarter U.S. Magistrate Judge Marian W. Payson considered whether a claim limited to garden variety emotional distress precludes discovery of the claimant’s mental health records, and District Judge Lawrence J. Vilardo faced an array of substantive and procedural issues worthy of a law school exam in deciding whether a corporation not named in a contract had standing to proceed with its suit in the Western District of New York.
Mental Health Records
In Mitchell v. Siersma, No. 14-CV-6069G, 2017 U.S. Dist. LEXIS 109751 (W.D.N.Y. July 14, 2017), plaintiff Patrick Mitchell moved to preclude discovery of his mental health history records after he limited his claim to garden variety emotional distress. Defendant law enforcement personnel (collectively defendants) opposed the motion arguing that Mitchell’s claim of emotional distress was beyond the garden variety type and subject to discovery.
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