Legal Opinion · Dissent

Roby v. Fairfield Nursing & Rehabilitation Center, L.L.C.

Supreme Court of Alabama

Decided March 27, 2009No. 1080158 and 1080160Published

1DissentCobb, Chief Justice

I join Justice Murdock’s dissenting opinion; I agree completely with his analysis. In addition, I offer the following observations. These petitions present the Court with the critical issue whether it should displace the trial court’s determination, made in the exercise of its sound discretion,5 that Fairfield was not entitled to the *455privilege against discovery afforded by Ala.Code 1975, § 22-21-8. I recognize that the information sought by the respondents might ultimately be discoverable through discovery attempts directed at the original sources of the information even if Fairfield is…

2Cases cited15 opinions

  1. Ex Parte Ocwen Federal Bank, FSBSupreme Court of Alabama · 2003
  2. Assured Inv'rs Life Ins. Co. v. Nat. U. Assoc.Supreme Court of Alabama · 1978
  3. Ex Parte HenrySupreme Court of Alabama · 2000
  4. Wolff III v. Colonial BankSupreme Court of Alabama · 1992
  5. Ex Parte KrothapalliSupreme Court of Alabama · 2000

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