Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
CONTENTS I. Introduction, 3 II. Legislative and Substantive History of 23 U.S.C. § 409, 4 III. Elements of Existing Caselaw, 6 A. Preemption of State Law, 6 B. Raw Data, 7 C. Typically Protected Documents, 8 D. Protected Data Available from Other Sources, 11 E. Waiver of Privilege, 12 F. Public Records Requests, 13 G. Influence of Railroad Cases, 14 H. Foundation to Establish Stateâs Protection, 15 I. Trial Strategy, 18 IV. Survey Responses, 20 V. Tips for Practitioners, 21 VI. Conclusion, 23 Appendix A: A Sampling of Motions Used by State Departments of Transportation, A-1 Appendix B: Survey, B-1
