Woodworth v. United States

In Syposs, Judge Foschio recognized that although "the federal common law of privilege is applicable, and not state statutory privilege", in applying federal common law the court "should bear in mind the interests protected by a state-recognized privilege and may incorporate the privilege to the extent consistent with the federal policies implicated in a case". 179 F.R.D. at 409. Therefore, in deciding this motion I must first consider the State's interests underlying the peer review privilege, and then decide whether those interests are compatible with the federal policies implicated by the…