Cameron Fagen v. Grand View University, Npi Security, and Ross Iddings

I respectfully dissent. A good deal of the plurality’s reasoning makes sense to me. However, I am concerned we are disregarding the question we are supposed to answer, and instead, answering a question nobody asked us to answer.

*837I. The Garden-Variety Exception.

This appeal is not about specific mental health records. The question Fagen has raised on appeal is whether a defendant can obtain any of the plaintiffs mental health records when the plaintiff seeks only garden-variety emotional distress damages. I would reject Fagen’s appeal for three reasons.

First, Fagen is alleging “mental…