Franzon v. Massena Mem'l Hosp.

From Conservapedia

In Franzon v. Massena Mem'l Hosp., 189 F.R.D. 220 (N.D.N.Y 1999), a federal district court rejected an argument by a hospital that it could withhold peer review documents based on a privilege established by New York law:

the privileges afforded physician peer review and the quality assurance process by N.Y. EDUC. LAW § 6527(3) and N.Y. PUB. HEALTH LAW § 2805(m). "An assertion of privilege may preclude the admission of relevant evidence but only to the extent the privilege is recognized 'by the principles of the common law as they may be interpreted by the courts of the United States.'" United States v. One Parcel of Property Located at 31-33 York St., Hartford, Ct., 930 F.2d 139, 140 (2d Cir. 1991) (quoting FED. R. EVID. 501). Of course, privileges created by state law do not arise from the common law and, thus, do not preclude the use of otherwise admissible evidence. See id.

Id. at *4 -*5.

In rejecting a motion for reconsideration, the court held that:

Further, many courts have found that, under similar circumstances, such state law privileges may not be asserted in connection with litigation in the federal courts of matters of federal question. See, e.g., Shadur, 664 F.2d at 1062-63; Johnson v. Nyack Hosp., 169 F.R.D. 550 (S.D.N.Y. 1996); Pagano v. Oroville Hosp., 145 F.R.D. 683 (E.D. Cal. 1993); Hansen v. Allen Memorial Hosp., 141 F.R.D. 115 (S.D. Iowa 1992); Wei v. Bodner, 127 F.R.D. 91 (D. N.J. 1989); Quinn v. Kent Gen. Hosp., Inc., 617 F. Supp. 1226 (D. Del. 1985); Ott v. St. Luke Hosp. of Campbell County, Inc., 522 F. Supp. 706 (E.D. Ky. 1981); Robinson v. Magovern, 83 F.R.D. 79 (W.D. Pa. 1979); see also, United States v. One Parcel of Property Located at 31-33 York Street, Hartford, Connecticut, 930 F.2d 139, 141 (2d Cir. 1991).

189 F.R.D. at 224-25.