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.
