Recent Massachusetts Decision Establishes Privilege Applicable to Post-Incident Analyses
Most products liability defense lawyers are thoroughly familiar with evidentiary protections offered to post-incident repairs or improvements. Likewise, counsel are well-versed in the elements of the attorney-client privilege and work-product immunity and the discovery and evidentiary limits those doctrines impose on their adversaries. Less well-known is the so-called “self-critical analysis” privilege,