794 So. 2d 340 - Ex Parte Pepper’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`There is no implication in the language of § 34-26-2 that the legislature intended an exception to the privilege where the issue of a party's mental condition is raised in a civil proceeding. Given the first rule of statutory construction, that where the meaning of the plain language of the statute is clear, it must be construed according to the plain language, see, e.g., King v. National Spa Pool Inst. , 607 So.2d 1241 , 1246 (Ala. 1992), this Court will not create such an exception. Moreover, such an exception would conflict with the public policy underlying the psychotherapist-patient privilege noted above.' " 628 So.2d at 504 . We do not believe that [the defendant's] competing interest outweighs the public policy on which the psychotherapist-patient privilege is based, nor do we find any implication that the Legislature intended an exception to the psychotherapist-patient privilege to be applied where a party seeks information relevant to the issue of the proximate cause of another party's injuries. Thus, we are unwilling to adopt such an exception."”

   3 later decisions quote this exact passage
   e.g. P.H. v. Koikos · Yaw ex rel. Broadhead v. Northwest Alabama Mental Health Center

2. “"[T]he confidential relations and communications between licensed psychologists, licensed psychiatrists, or licensed psychological technicians and their clients are placed upon the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communication to be disclosed."”

   3 later decisions quote this exact passage
   e.g. P.H. v. Koikos · Ex Parte Western Mental Health Center

3. “' Ex parte Water Works Sewer Bd. of the City of Birmingham , 723 So.2d 41 , 42 (Ala. 1998) (quoting Ex parte Compass Bank , 686 So.2d 1135 , 1137 (Ala. 1996)). . . . `Because discovery involves a considerable amount of discretion on the part of the trial court, the standard this Court will apply on mandamus review is whether there has been a clear showing that the trial court abused its discretion.' Ex parte Compass Bank , 686 So.2d 1135 , 1137 (Ala. 1996) (citations omitted).”

   2 later decisions quote this exact passage
   e.g. P.H. v. Koikos · Ex Parte Western Mental Health Center