Main menu

Recovered Memory Therapy is Dangerous for Therapists as Well as Patients

Recovered memory therapy continues to be a controversial topic, with experts debating about whether it is valid. As a legal matter, this controversy has slowly spilled over into an increased risk of liability for the therapist who chooses to use the technique. More and more states are holding that parents of children who recover memories of sexual abuse can sue the child’s therapist because the therapist has helped to create false allegations against them. Michigan is the latest jurisdiction to affirm the right of a child’s parent to sue the child’s therapist.

Courts and Churches—Interfering in Some Ways But Not Others

Not everything a church does to a pastor is outside the reach of the court. That is a recent lesson church officials learned in a case out of Ohio federal court dealing with the ecclesiastical abstention doctrine. Also known as the church autonomy doctrine, this is the principle that civil courts will stay out of the doctrinal and important decisions a church makes, such as the decision to fire a pastor or remove a parishioner from membership. This case, Barrow v. Living Word Church, et al.,1 is an interesting twist on the doctrine, and serves as a word of caution for churches.

Part 2 Case Analysis: Costs and Benefits of Litigating a Case

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

C.A.R.—the 2016 Model: Recent Changes to the Colorado Appellate Rules

The Colorado Supreme Court has been hard at work, handing down multiple changes to the Colorado Appellate Rules. Some changes were significant. Others were minor. The most notable change to the Colorado Appellate Rules was to Rule 3.4: Appeals from Proceedings in Dependency or Neglect. For cases filed after July 1, 2016, appeals from these proceedings will get a major overhaul. Here are some of the significant changes in the rules.

Part 1 Case Analysis: Do I have any basis for filing a lawsuit?

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

Part 5: Risk and Vulnerability

Hi Theresa. Thanks for this post, and thanks for reminder and link to the article. That was one of the earlier things we discussed, and it is nice to revisit it because it is so useful here.

I really like the idea of the missionary writing the consent in their own language, or at least having the missionary’s position incorporated into the documents.

Church Autonomy (Ecclesiastical Abstention) is Still Alive and Well in Texas

When someone brings their church to court in Texas there are two things the court is likely to do. The court may refuse to hear the case because it would require getting into church doctrine or issues that are reserved to the church’s decision-making (“church autonomy” or “ecclesiastical abstention”). Or, the court could hear the case just like any other civil action because the court can decide the case using “neutral principles of law.” These are the principles of law that control the case when doctrine is not critical.

Subscribe to this RSS feed

© Telios Law