Legal Opinion · Dissent

Marks v. Tenbrunsel

Supreme Court of Alabama

Decided April 22, 2005No. 1031515Published

1Dissent

I concur with the main opinion insofar as it affirms the trial court's dismissal of David Marks's claims against Dr. Lois H. Pope. However, because I disagree with the main opinion's conclusion that the psychotherapist-patient privilege has been overruled implicitly by § 26-14-9, Ala. Code 1975, which provides immunity for reporters of suspected child abuse, I respectfully dissent as to the affirmance of the dismissal as to Dr. Thomas Tenbrunsel. I also note that because the psychotherapist-patient privilege provides that communications between psychotherapists and their patients are to be…

2Cases cited13 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. Ex Parte United Service Stations, Inc.Supreme Court of Alabama · 1993
  3. Blue Cross and Blue Shield v. HodurskiSupreme Court of Alabama · 2004
  4. George Taylor v. United StatesCourt of Appeals for the D.C. Circuit · 1955
  5. Fletcher v. Tuscaloosa Federal Savings & Loan Ass'nSupreme Court of Alabama · 1975

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