Discovery in Mental Health Class Action Litigation

Abstract

The authors discuss the problems created when plaintiffs' attorney(s) in mental health class actions seek discovery of the records or their contents of nonnamed class members. They show how such discovery can be more intrusive than the violation of rights being challenged in the lawsuit. They conclude that both as a matter of common law and constitutional law and under rules of procedure, discovery of the records of nonnamed plaintiffs must be limited to information that goes to the heart of the lawsuit and must never be allowed absent the obtaining of written consent from the nonnamed plaintiffs.