SELF-CRITICAL ANALYSIS PRIVILEGE DEALT BLOW IN AMTRAK LAWSUIT

NJ Law Journal reports:

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 Slaughter v. Amtrak, U.S. Magistrate Judge Lynne A. Sitarski noted that the Third 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 Third Circuit to question the validity of such a privilege. Although Amtrak argued that protecting the redacted material is necessary to promote candor in accident investigation reports — which in turn promotes employee and railroad safety — Sitarski found that despite such “laudable goals,” the privilege could not be justified solely on public policy grounds.

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information and beating NYC parking tickets for the driving community

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