Lawyers for Amtrak have been ordered to turn over an unredacted accident report — including sections in which investigators discussed "recommended remedial/corrective actions" — because such comments are not protected by the so-called "self-critical analysis" privilege.
In her 11-page opinion in Slaughter v. Amtrak , U.S. Magistrate Judge Lynne A. Sitarski noted that the 3rd U.S. Circuit Court of Appeals has never recognized the self-critical analysis privilege, and that a recent trend has developed among district judges within the 3rd Circuit to question the validity of such a privilege.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]