§ 41.04 Miscellaneous Privileges

• Jurisdiction: United States

§ 41.04 Miscellaneous Privileges

New privileges are always being proposed. Federal courts have rejected a number of privileges,³³ including an academic peer-review privilege³⁴ and an accountant's privilege.³⁵ Some have recognized a privilege for critical self-analysis, at least under limited circumstances.³⁶

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Notes:

^[33] See Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) (declining to recognize a hospital peer review privilege when a prisoner dies).

^[34] See University of Pennsylvania v. Equal Employment Opportunity Comm'n, 493 U.S. 182 (1990).

^[35] See Couch v. United States, 409 U.S. 322, 335 (1973) ("no confidential accountant-client privilege exists under federal law"); In re Grand Jury Proceedings, 220 F.3d 568, 571 (7th Cir. 2000) ("There is no accountant-client privilege."); In re International Horizons, Inc., 689 F.2d 996, 1004 (11th Cir. 1982) ("Since Couch, the notion that the federal courts should recognize a general accountant-client privilege has been consistently rejected."). See also United States v. Arthur Young & Co., 465 U.S. 805 (1984) (rejecting work product privilege for accountants).

^[36] See Dowling v. American Hawaii Cruises, Inc., 971 F.2d 423, 425-27 (9th Cir. 1992) (noting cases that have recognized such a privilege).