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Zamorano v. Wayne State University, E.D. Mich., No. 07-12943, Aug. 1, 2008

Articles Discussing Case:

Michigan - Third Party "Peer Review" Records Not Always Relevant In Employment Discrimination Claim.

Ogletree Deakins • August 19, 2008
The production of otherwise-confidential documents in employment discrimination cases continues to be addressed by federal courts at an increasing rate. The issue typically pits state-law protection for “peer review” documents against federal anti-discrimination laws and regulations, and has generated growing controversy among health care providers who routinely rely on the state-law protection afforded to such information. A federal district court in Michigan recently addressed a plaintiff/physician’s discovery subpoena to a non-party hospital for peer review records of “similarly situated” physicians, and granted that hospital‘s motion to quash the subpoena. The court skirted the issue of state-law peer review protections, however, by simply finding that the documents requested were “not relevant” in the discovery phase of the case.