confidentiality requirement (Indiana) · Go Syfert
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confidentiality requirement in Indiana

11 Indiana opinions name it 2 courts 1987–2019 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Moore v. Review Board of the Indiana Department of Workforce Developmentgreen
indctapp · 2011 · cited in 1 Indiana opinions naming this issue, 2012–2012
2 sentences

2012As such, this footnote does not invalidate the thoughtful on-point analysis by Judge Baker in Moore v. Review Bd. of Ind. Dep’t of Workforce Dev., 951 N.E.2d 301, 304-06 (Ind. Ct. App. 2011) about the use of initials to identify the respective parties in cases involving the Review Board.

2012As such, this footnote does not invalidate the thoughtful on-point analysis by Judge Baker in Moore v. Review Bd. of Ind. Dep’t of Workforce Dev., 951 N.E.2d 301, 304-06 (Ind.Ct.App.2011) about the use of initials to identify the respective parties in cases involving the Review Board.

11
Brown v. Stategreen
ind · 1988 · cited in 1 Indiana opinions naming this issue, 2005–2005
1 sentence

2005See, eg., Brown v. State, 525 N.E.2d 294, 296 (Ind.1988) ("The privilege against self-incrimination was designed as a shield and not as a sword."); Allendorf v. Sully Transport, Inc., 2001 WL 864265 (N.D.lll.2001) ("Al lowing a Plaintiff to use a confidentiality privilege as both a sword and a shield would 'simply be contrary to the most basic sense of fairness and justice'").

11
Marchal v. Craiggreen
indctapp · 1997 · cited in 1 Indiana opinions naming this issue, 2001–2001
2 sentences

2001Marchal v. Craig, 681 N.E.2d 1160, 1163 (Ind.Ct.App.1997); A.D.R. 2.12. *130 Moreover, and dispositive in the present case, the ADR rules expressly provide that the confidentiality requirement may not be waived by the parties and that an objection to the obtaining of testimony or physical evidence from mediation may be made by any party.

2001Id.

11
Ryan v. Garciagreen
calctapp · 1994 · cited in 1 Indiana opinions naming this issue, 2000–2000
2 sentences

2000See Ryan v. Garcia, 27 Cal.App.4th 1006 , 33 Cal.Rptr.2d 158 (1994) (privilege statute precluded evidence of oral agreement); Hudson v. Hudson, 600 So.2d 7 (Fla.App.1992) (privilege statute precluded evidence of oral settlement); Cohen v. Cohen, 609 So.2d 783 [785] (Fla.App.1992) (same); Ohio Rev.

2000See Ryan v. Garcia, 27 Cal.App.4th 1006 , 33 Cal.Rptr.2d 158 (1994) (privilege statute precluded evidence of oral agreement); Hudson v. Hudson, 600 So.2d 7 (Fla.App.1992) (privilege statute precluded evidence of oral settlement); Cohen v. Cohen, 609 So.2d 783 [785] (Fla.App.1992) (same); Ohio Rev.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C. green
ind · 2012
2 sentences

2013This confidentiality requirement is expressly implemented as to judicial proceedings by Indiana Administrative Rule 9(G)(l)(b)(xviii).” 975 N.E.2d 1283 , 1285 n. 1 (Ind.2012). http:// www.in.gov/judiciary/opinions/pdf/10171201 shd.pdf (last visited Sept. 11, 2013).

2012This confidentiality requirement is expressly implemented as to judicial proceedings by Indiana Administrative Rule 9(G)(lXb)(xviii).” J.M. v. Review Bd. of Ind. Dep’t of Workforce Dev., 975 N.E.2d 1283 , 1285 n. 1 (Ind.2012).

22012–2013
Parkview Memorial Hospital, Inc. v. Pepple green
indctapp · 1985
2 sentences

1987Ind. App., 483 N.E.2d 469 , trans. denied, he observed that the question of admissibility is distinct from the question whether information is protected by the confidentiality and privilege provisions of the statute.

1987Ind.App., 483 N.E.2d 469 , trans. denied, he observed that the question of admissibility is distinct from the question whether information is protected by the confidentiality and privilege provisions of the statute.

21987–1989
Wallem v. CLS Industries, Inc. green
indctapp · 2000
1 sentence

2019In other words, “it is apparent that only if it is impossible for an oral contract to be completed within one year does it fall within the Statute of Frauds.” Id. (emphasis in original). [34] Here, the essential terms of the settlement agreement between the parties was for $80,000.00, in a reasonable initial lump sum, and reasonable installments thereafter, a confidentiality clause, and an attorney fee provision in favor of Grimes should the Church fail to pay.

12019–2019
T.B. v. Review Board of the Indiana Deptartment of Workforce Development and A.R. green
indctapp · 2012
1 sentence

2013In fact, we cited this footnote in T.B. v. Review Board of the Indiana Department of Workforce Development, 980 N.E.2d 341 , 343 n. 1 (Ind.Ct.

12013–2013
Molden v. State green
indctapp · 2001
1 sentence

2012In its footnote, the court noted that this method of identification is a confidentiality requirement which “is expressly implemented as to judicial proceedings by Indiana Administrative Rule 9(G)(l)(b)(xviii).” However, as is well established “our supreme court does not decide important questions of law in footnotes.” See, e.g., Molden v. State, 750 N.E.2d 448 (Ind.Ct.App.2001).

12012–2012
Schriber v. Anonymous green
ind · 2006
2 sentences

2010It observed that the confidentiality requirement of section 34-18-87 serves to "disfavor subjecting a health care provider to public accusations of medical malpractice until after such claim is presented to a medical review panel." Id. (quoting Schriber v. Anonymous, 848 N.E.2d 1061 , 1065 n. 3 (Ind.2006)).

2010That was the risk of harm against which the statute is directed. 4 Id.

12010–2010
Kho v. Pennington green
ind · 2007
1 sentence

2010It observed that the confidentiality requirement of section 34-18-87 serves to "disfavor subjecting a health care provider to public accusations of medical malpractice until after such claim is presented to a medical review panel." Id. (quoting Schriber v. Anonymous, 848 N.E.2d 1061 , 1065 n. 3 (Ind.2006)).

12010–2010
Ramada Development Company v. Martin W. Rauch, Defendants-Third Party J. Stewart Stein, Third Party green
ca3 · 1981
1 sentence

2001A.D.R. 2.12, now see A.D.R. 2.11 (emphasis added). 9 In determining the admissibility of evidence under the confidentiality provision of our ADR rules, case law interpreting Federal Rule of Evidence 408 is instructive. - Particularly relevant to this case is the Fifth Cireuit Court of Appeal's decision in Ramada Development Co. v. Rauch, 644 F.2d 1097 (5th Cir.1981).

12001–2001
Hudson v. Hudson green
fladistctapp · 1992
1 sentence

2000See Ryan v. Garcia, 27 Cal.App.4th 1006 , 33 Cal.Rptr.2d 158 (1994) (privilege statute precluded evidence of oral agreement); Hudson v. Hudson, 600 So.2d 7 (Fla.App.1992) (privilege statute precluded evidence of oral settlement); Cohen v. Cohen, 609 So.2d 783 [785] (Fla.App.1992) (same); Ohio Rev.

12000–2000
Myers v. Martin neutral
fladistctapp · 1992
1 sentence

2000See Ryan v. Garcia, 27 Cal.App.4th 1006 , 33 Cal.Rptr.2d 158 (1994) (privilege statute precluded evidence of oral agreement); Hudson v. Hudson, 600 So.2d 7 (Fla.App.1992) (privilege statute precluded evidence of oral settlement); Cohen v. Cohen, 609 So.2d 783 [785] (Fla.App.1992) (same); Ohio Rev.

12000–2000
National Labor Relations Board v. Joseph MacAluso Inc., D/B/A Lemon Tree green
ca9 · 1980
1 sentence

1997Id.

11997–1997
Terre Haute Regional Hospital, Inc. v. Basden green
indctapp · 1988
2 sentences

1988This court in Terre Haute Regional Hospital, Inc. v. Basden (1988), Ind.App., 524 N.E.2d 1306 , rejected any good faith limitation on the confidentiality and privilege provisions of IND.CODE 34-4-12.6-2, stating in pertinent part: Therefore, the information that THRH and Giermak refused to disclose based upon the confidentiality and privilege protection afforded in the Peer Review Statute was not subject to disclosure due to lack of good faith on the part of the peer review committee or the participants to the investigation. 524 N.E.2d at 1310 .

1988This court in Terre Haute Regional Hospital, Inc. v. Basden (1988), Ind.App., 524 N.E.2d 1306 , rejected any good faith limitation on the confidentiality and privilege provisions of IND.CODE 34-4-12.6-2, stating in pertinent part: Therefore, the information that THRH and Giermak refused to disclose based upon the confidentiality and privilege protection afforded in the Peer Review Statute was not subject to disclosure due to lack of good faith on the part of the peer review committee or the participants to the investigation. 524 N.E.2d at 1310 .

11988–1988

Where else courts name it

CA 58 (1970–2026) IL 30 (1980–2026) NY 25 (1979–2020) PA 19 (1986–2023) NJ 18 (1977–2023) TX 14 (1992–2023) FL 13 (1987–2012) WI 12 (1984–2023) IN 11 (1987–2019) WA 9 (1987–2026) OH 8 (2001–2023) KY 6 (1989–2012) MA 6 (1979–2016) IA 5 (1984–2016) AZ 4 (2001–2026) CO 4 (2004–2016) GA 4 (1998–2018) MI 4 (2003–2025) NC 3 (2006–2018) NH 3 (1981–1994) ME 3 (2006–2013) CT 3 (1989–2007) UT 3 (2013–2019) AK 3 (1993–2018) LA 3 (1995–2011) TN 3 (2000–2011) ID 2 (2018–2020) MO 2 (2016–2025) OR 2 (1997–2001) VT 2 (2016–2021) NM 2 (2018–2025) HI 2 (2004–2010) MD 2 (2016–2017) AL 2 (1995–2016) OK 2 (2000–2001) SC 2 (2008–2012) MN 2 (2007–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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