On May 10, a Florida trial judge in Pensacola heard CCL President Robert S. Peck argue that the state statute requiring medical malpractice plaintiffs to authorize ex parte contacts with their treating physicians by their litigation opponents beginning during the period before the lawsuit is filed is preempted by federal law and violates the Florida Constitution.

Peck asserted that, as a federal district court held last September in a case he also argued, the Florida law was preempted by the privacy rules promulgated under the federal Health Insurance Portability and Accountability Act (HIPAA), which overrides state laws less protective of privacy.

He also argued that the new statute was inconsistent with procedural rules written by the Florida Supreme Court, thereby violating separation of powers, constitutes a form of economic favoritism in violation of the state constitutional ban on special legislation, and inhibited access to the courts.

The case was taken under advisement, though a ruling is expected soon in the case, Weaver v. Meyers. Meanwhile, the federal decision, Murphy v. Dulay, will be heard on appeal in the U.S. Court of Appeals for the 11th Circuit during the week of August 18.