Samuelson v. Susen

Dr. Gene H. Samuelson (plaintiff), a resident of Ohio, sued Drs. Anthony F. Susen and Peter J. Jannetta (defendants), residents of Pennsylvania, in a federal court in Pennsylvania for defamation and tortious interference with business and professional relationships. Samuelson sought damages based on his claim that Susen and Jannetta’s conduct caused Samuelson to be refused privileges at two Ohio hospitals and to have Samuelson’s staff privileges at other Ohio hospitals severely limited. During discovery, Samuelson sought to depose physicians and administrators at two of the Ohio hospitals where his privileges were revoked or restricted. Those physicians and administrators resisted the depositions and filed motions for protective orders under an Ohio law that prohibits discovery of allegedly defamatory statements made during committee review of hospital-privilege applications. Samuelson argued that the Ohio law was not in effect at the time of his deposition request and that it should not be applied retroactively to his case. The district court granted the protective orders and certified questions for interlocutory review regarding the scope, retroactivity, and constitutionality of the Ohio law. Samuelson argued that under Federal Rule of Evidence 501, which requires that state-law privilege issues must be determined under state law, a federal court sitting in diversity must apply the privilege law of the forum—whether the state courts in the forum where the federal court is sitting would apply the forum’s privilege law.