Jaffee v. Redmond

["J. Michael Grubbs" <jmg@kdac.com>]

I would be interested in the group's thoughts on the following issues:

1. Does the Jaffee decision's rejection of the balancing component of the
privilege recognized under 501 of the Federal Rules of Evidence override
the balancing component of the confidentiality provisions in the federal
drug and alcohol regulations at 42 CFR Part 2?

2. Does the rejection of the balancing component of the privilege override
the balancing component of similar privileges created by state statutes?

The initial reaction of Litigators in our firm, who practice in both state and
federal courts, is no on both issues.  Thus, query whether a similar case
in the future could have a different result if: (1)  the plaintiff brings a civil
action in state court with no federal claims and seeks to discover the
defendant's records under the balancing provisions of the state law
privilege, or (2) if a plaintiff brings a civil action in federal court and seeks
drug and alcohol treatment records under the balancing provisions of 42
CFR Part 2.

J. Michael Grubbs, Esq.
Health Law Practice Group
Krieg DeVault Alexander & Capehart
Indianapolis, Indiana