Legal Opinion

Gottlieb v. County of Orange

District Court, S.D. New York

Decided October 18, 1993No. 93 Civ. 466 (VLB)PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM ORDER

BRODERICK, District Judge.

I

This action brought pursuant to 42 U.S.C. § 1983 presents the question of when nursing personnel may disclose information concerning a child where litigation ensues challenging public agency action based on suspicions of child abuse.1 A privilege is established by New York CPLR 4504 prohibiting nursing personnel from disclosing “any information ... acquired in attending a patient in a professional capacity and which was necessary to enable” the nurse to “act in that capacity.”

Where a claim or defense is governed by federal law, state privileges may…

2Cases cited9 opinions

  1. In Re New York Times CompanyCourt of Appeals for the Second Circuit · 1987
  2. Leucadia, Inc. v. Applied Extrusion Technologies, Inc., Richard I. Burstein, Proposed IntervenorCourt of Appeals for the Third Circuit · 1993
  3. United States v. University Hospital, State University of New York at Stony Brook, Parents of Baby Jane Doe, Intervenors-Defendants-AppelleesCourt of Appeals for the Second Circuit · 1984
  4. In Re John Doe, United States of America v. Steven DiamondCourt of Appeals for the Second Circuit · 1992
  5. Republic of the Philippines v. Westinghouse Electric Corp.Court of Appeals for the Third Circuit · 1991

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3Cited by6 opinions

  1. Encyclopedia Brown Productions, Ltd. v. Home Box Office, Inc.District Court, S.D. New York · 1998
  2. Department of Economic Development v. Arthur Andersen & Co.District Court, S.D. New York · 1996
  3. United States Ex Rel. Mikes v. StrausDistrict Court, S.D. New York · 1994
  4. E.R. Squibb & Sons, Inc. v. Accident & Casualty InsuranceDistrict Court, S.D. New York · 1994
  5. Gottlieb v. County of OrangeDistrict Court, S.D. New York · 1994

1 more not listed; retrieve them via the Exa API.

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