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Anonymous

B. State law supersedes Federal in instances such as FMLA. Privilege protected.

Anonymous

Not a trial lawyer, but off the top of my JD head: I say B. The Federal Rules of Evidence apply because the case is in federal court, but I think the FRE refer to state law for privilege claims. But plaintiff cannot invoke the doctor/patient privilege she has put her medical condition at issue in her complaint. (Not looking for never ending fame and fortune, but would like to impress my son who turned me on to OA) Edit--I meant D--federal law applies but the claim of privilege should be rejected for the reasons stated.)