Nick Carter quoted in Mass. LW article on 'self-critical analysis' discovery privilege
Nick Carter was quoted in a page one news article published in the June 25 issue of Massachusetts Lawyers Weekly on a recent court ruling limiting discovery concerning a company's internal investigation report into the cause of a maritime collision between a tanker and lobster boat.
A federal court judge in Massachusetts determined that deposition testimony related to the internal accident report was privileged because of a public policy encouraging companies to conduct internal safety reviews and accident reports.
In commenting on the ruling, Mr. Carter indicated that the self-critical analysis could be overly broad. He indicated that the federal rule of evidence on subsequent remedial measures – admissible for purposes of impeachment or to prove the feasibility of precautionary measures – appears to strike the appropriate balance.
"If there had been a prior accident similar to the one at issue where there had been some subsequent investigative report done in which the company [admitted] it really blew it, then they were on notice of a problem," Carter told the publication. "The plaintiff ought to be able to find out that point and argue that the company should have taken earlier protective steps."
Mr. Carter is a partner at Todd & Weld, and has over two decades of trial experience in state and federal courts, before administrative agencies, and in arbitration.