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,