Recent Massachusetts Decision Establishes Privilege Applicable to Post-Incident Analyses

2018-07-26T21:22:49+00:00 July 26th, 2018|Categories: Daniel Fishman, Johanna L. Matloff, Thomas E. Peisch|

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,

Fraudulent Joinder and Misjoinder – Practice Points for Defendants

2018-03-21T22:13:39+00:00 March 9th, 2018|Categories: Daniel Fishman, Erin K. Higgins, Thomas E. Peisch|

It is no secret that manufacturers and sellers of products prefer to litigate product liability claims in the federal courts rather than in their state counterparts. The reasons for this preference include a perceived higher-quality of judges, more intense scrutiny of “junk science,” more conservative jurors, and a more predictable