Legal Opinion

McClain v. College Hospital

Supreme Court of New Jersey

Decided June 5, 1985PublishedCited by 93 opinions

1Opinion of the Court

The opinion of the Court was delivered by

O’HERN, J.

This case concerns the standard that shall govern the disclosure, for use in civil proceedings, of confidential investigative records relating to a licensing board’s inquiry into a professional’s acts. We hold that the standard is a showing of particularized need that outweighs the public interest in confidentiality of the investigative proceedings, taking into account (1) the extent to which the information may be available from other sources, (2) the degree of harm that the litigant will suffer from its unavailability, and (3) the possible…

2Cases cited27 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Environmental Protection Agency v. MinkSupreme Court of the United States · 1973
  4. Bristol-Myers Company v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1970
  5. Administrator, Federal Aviation Administration v. RobertsonSupreme Court of the United States · 1975

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3Cited by93 opinions

  1. Payton v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1997
  2. Loigman v. KimmelmanSupreme Court of New Jersey · 1986
  3. In Re the Request for Solid Waste Utility Customer ListsSupreme Court of New Jersey · 1987
  4. Dixon v. Rutgers, the State University of NJSupreme Court of New Jersey · 1988
  5. Hammock Ex Rel. Hammock v. Hoffmann-LaRoche, Inc.Supreme Court of New Jersey · 1995

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