Privilege protecting the confidentiality of communications between physician and patient

Bowers v. NCAA, 563 F. Supp. 2d 508, 537-538 (D.N.J. 2008) (holding, in plaintiff mother's action against defendant athletic association for unlawful discrimination, that evidence of pre-decree bylaw changes was....Although subsequent remedial measures may not be used to prove negligence, culpable conduct, a defect in the product or its design, or a need for warning or instruction, subsequent remedial measures are admissible to show the feasibility of precautionary measures.

Blackburn v. United Parcel Services, Inc., 179 F.3d 81, 99 (3d Cir. 1999) (holding, in plaintiff UPS employee's diversity action against defendant employer, that the trial court properly excluded his testimony because "[plaintiff]....There is a hearsay exception for reputation among members of a person's family by blood, adoption, or marriage, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history.

Cf. Medina v. Diguglielmo, 461 F.3d 417, pin? (3d Cir. 2006) (federal habeas review of state convictions for murder and robbery; held, trial counsel failed to render effective assistance of counsel under the Sixth Amendment by failing to request a hearing at trial on...A trial court has the authority -- under some circumstances -- to disqualify a person with a mental infirmity or disorder from serving as a witness.