Even when a CVR is used in a court case it should be obvious that the families would not be suing the pilots or their estates but would go after the corporations involved because they have the deepest pockets and are more likely to settle out of court when they fail the red face test.
As the judge explains:
"Production of the recording [as discovery material] is necessary because the written transcript does not and cannot reflect tone of voice, pitch, volume or inflection, nor does it necessarily accurately reflect ambient and other noises pertinent to the aircraft's operation,"*
Obviously the unions have to object as pilots collectively can't command a 'Right Stuff' wage at a premium to bus drivers if individual pilots are shown to underperform dramatically with mass fatalities.
Officials of the National Transportation Safety Board have said the transcript shows that the two pilots violated flight safety regulations by engaging in extraneous conversations.
The transcript contains 26 notations indicating the "sound of laughter" by one or both of the pilots, according to court papers.*
CVRM is a real opprtunity to raise standards and reduce non-compliances as pilots would be more focused and attentive to the rules if they knew that their CVR tape may be reviewed at random, its just like random drug and alcohol screeing.
* see here:
Attorneys will hear Flight 3407 cockpit tape - Courts - The Buffalo News