· 11/16/1981
Memorial Hospital for McHenry County v. The Honorable Milton I. Shadur, United States District Judge
Citations
- 664 F.2d 1058
- 9 Fed. R. Serv. 998
- 33 Fed. R. Serv. 2d 115
- 1981 U.S. App. LEXIS 16003
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the state privilege should not apply when the peer review records sought directly related to the allegations challenging the peer review process
- holding that, where the principal claim in the case arises under a federal law and state law does not supply the rule of decision, the district court is not required to apply state law in determining whether discovery is privileged under IMSA
- noting that hospital’s compliance with district court’s order to produce peer-review materials protected by state law could not subject hospital to criminal liability under state law
- finding that a hospital’s compliance with a federal discovery order would not subject the hospital to liability under a state law because the state law was rendered void by the Supremacy Clause
- pointing out the potential for physicians to use the framework of peer review groups for anticompetitive purposes
- pointing out the potential for physicians to use the framework of peer review groups for anticompetitive purposes
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Sprecher, Cudahy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.