Self-Evaluative Privilege In Products Liability Litigation

Law360, New York (October 15, 2010, 6:07 PM EDT) -- A responsible product manufacturer will want to explore the efficacy or safety of one of its products in connection with placing it into the stream of commerce. True candor and an unvarnished evaluation — either pre- or post-market — will be essential to reaching a useful conclusion. At the same time, however, wary of the ever-present threat of litigation, a savvy company does not want to create a treasure trove of discoverable materials.

Hence, the dilemma: A company will want to learn everything that can be...
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