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STATE EX REL. DEAN v. CUNNINGHAM

No. SC 86695.

182 S.W.3d 561 (2006)

STATE ex rel. Laurie DEAN, Relator, v. The Honorable Jon A. CUNNINGHAM, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing and Motion to Modify Opinion Denied February 14, 2006.

Attorney(s) appearing for the Case

D. Eric Sowers, Ferne P. Wolf, St. Louis, for Relator.

Daniel K. O'Toole, Jeffrey T. McPherson, Cynthia A. Petracek, Armstong Teasdale, LLP, St. Louis, for Respondent.

Mary Anne Sedey, St. Louis, for Amicus Curiae.

INTRODUCTORY SUMMARY

MICHAEL A. WOLFF, Chief Justice.

Does the physician-patient privilege apply to an action seeking damages for emotional distress under the Missouri human rights act for alleged sex discrimination and sexual harassment, or does such an action always waive the privilege?

There are three sources of law that govern the issue:

1. An action for damages for sex discrimination and sexual harassment under the Act, section 213...

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