Doe v. Williams McCarthy, LLP

Plaintiff filed complaint alleging that attorney, while acting as defense counsel in trust litigation wherein Plaintiff had contested validity of trust, violated Mental Health Confidentiality Act. Court erred in granting Defendants' Section 2-619 motion to dismiss as to violations of the Act.  Absolute litigation privilege provides no shield for a party charged with a violation of the Act. As actions for violations of the Act are statutory, court erred in analogizing such actions to claims for invasion of privacy, which are common-law actions. The Act plainly creates a private right of action, and is intended to control all releases of confidential material in all types of proceedings. Civil actions under the Act safeguard against improper disclosure. Court properly applied absolute litigation privilege to bar Plaintiff's counts for common-law invasion of privacy and intentional infliction of emotional distress. (HUTCHINSON and SPENCE, concurring.)