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Doctor's Alcohol Treatment Records Remain Privileged
A Pennsylvania appellate court has held that a lower court's ruling that a physician's drug and alcohol treatment records were privileged from discovery in a medical malpractice case against him was correct, because the physician's factual denials in his answer to the plaintiff's complaint did not constitute an offering of testimony or evidence that would result in an implied waiver of his privilege against disclosure. Gallo v. Conemaugh Health Sys. Inc., PICS Case No. 15-0659 (Pa. Super. April 17, 2015) Strassburger, J. (14 pages).
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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