Last modified on September 29, 2023, at 02:27

Peer review cases

Issue of withholding documents based on privilege

  • Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945)
  • Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367 (2004)
  • Department of Financial and Professional Regulation v. Walgreen Co., 2012 IL App (2d) 110452, 361 Ill. Dec. 186, 970 N.E.2d 552
a pharmacy successfully withheld documents based on privilege because:
Petitioner, the Department of Financial and Professional Regulation, appeals the circuit court's order granting the motion of respondent, Walgreen Company, to dismiss its petition to enforce its administrative subpoenas. On appeal, petitioner argues that the circuit court erred by granting respondent's motion to dismiss, because: (1) the Patient Safety and Quality Improvement Act of 2005 (the Patient Safety Act) (42 U.S.C. §§ 299b-21 to -26 (2006)) [*555] [****189] does not prohibit a state regulatory agency from seeking disclosure of any incident reports documenting medication error; (2) the record does not establish that every incident report of medication error maintained by respondent is privileged patient safety work product; and (3) sections 8-2101 to 8-2105 of the Illinois Code of Civil Procedure (Code) pertaining to medical studies (the Medical Studies Act) (735 ILCS 5/8-2101 to 8-2105 (West 2010)) do not apply to pharmacies. Because we [**2] determine that the second issue raised by petitioner lacks merit, we affirm.
Dep't of Fin. & Prof'l Regulation v. Walgreen Co., 2012 IL App (2d) 110452, ¶ 1, 361 Ill. Dec. 186, 188-89, 970 N.E.2d 552, 554-55
  • Griffith v. United States, 206 F.3d 1389, 1394 (11th Cir. 2000) (a case cited for statutory interpretation, and which has been distinguished 9 subsequent times: "where Congress knows how to say something but chooses not to, its silence is controlling")
  • In re: Fink, 575 U.S. 92 (2015)
  • In re: Secretary, Florida Department of Corrections, No. 20-10650-J (11th Cir. Mar. 30, 2020)
  • KD v. United States, 715 F. Supp. 2d 587 (D. Del. 2010)
  • Kisor v. Wilkie, 139 S.Ct. 2400 (2019)
  • Perez v. Mortgage Bankers Ass'n, 575 U.S. 92 (2015)
  • Shalala v. Guernsey Mem'l Hosp., 514 U.S. 87 (1995)
  • Taylor v. Hy-Vee, Inc., 2016 U.S. Dist. LEXIS 177764 (D. Kan. 2016)