Read the following excerpt from a US court opinion:
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production of otherwise discoverable information. b. Applying the Standard ¶ 32 We now turn to the application of this standard to the facts in this case. Applying the first factor, the strength of the relationship between the confidential information and the issue in dispute, we note that the discovery sought is strongly related to the core issue in the litigation: whether the disabilities at issue were caused by Defendants’ malpractice or by other sources. Christopher Cunniff, a medical doctor, submitted an affidavit stating that, “to a reasonable degree of medical probability,” Patrick’s “family history” was a “contributing factor to his alleged disabilities” and that “the characteristics exhibited in Patrick [ ] appear to be familial characteristi N.Y.S.2d 817 (N.Y.App.Div.1991) . ¶ 33 The second and third factors deal with
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What is the most suitable continuation to the opinion? Your options are:
A. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury
B. holding that the burden is on the plaintiff
C. holding academic records of siblings admissible based on expert affidavit stating that a possible connection existed between the neurological problems of the plaintiff and those of her siblings which would support a defense that the injuries sustained by the plaintiff have a genetic cause
D. holding that the fair and adequate representation requirement was not satisfied because of litigation between plaintiff and defendant the antagonism between the parties and the lack of support plaintiff garnered in its claim
E. recognizing the relationships between a decedent and his or her parents and siblings
Reply with [A, B, C, D, E] only.