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Full-Text Articles in Law
Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk
Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk
Richard Faulk
Certainly, a number of lawyers from both sides of the bar believe that the Schultz decision is important. A review of the record in Schultz, however, reveals a relatively easy explanation for the decision—one that undermines its value as precedent. To understand why this is so, we must go back to the district court’s decision to grant Akzo Nobel’s motion for summary judgment and, with apologies to Paul Harvey, appreciate the “rest of the story.”
The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk
The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk
Pepperdine Law Review
When aviation accidents occur, the National Transportation Safety Board conducts an investigation to determine the conditions, circumstances, and ultimately the probable cause of the accident. There is a federal statutory privilege which renders these reports, as well as testimony from the attending investigator, inadmissible as evidence in any suit or action arising from the accident. However, certain judicially created exceptions have arisen which permit portions of the report and certain investigator testimony to be admitted into evidence. The authors delineate and analyze these exceptions as they discuss the trend toward increased report and testimony admissibility. The authors conclude with a …