Carl D. Wehling and Geraldine D. Wehling v. Columbia Broadcasting System

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stressing that courts must be “free to fashion whatever remedy is required to prevent unfairness”
• noting that courts should not force a party to choose between his Fifth Amendment right to silence and his due process right to a judicial determination of his civil action
• reversing a holding that plaintiff's assertion of the Fifth Amendment during discovery required the dismissal of his claim
• noting the possibility that \avenues of discovery\ might close during pendency of stay, justifying dismissal
• “When plaintiff’s silence is constitutionally guaranteed, dismissal is appropriate only where other, less burdensome, remedies would be an ineffective means of preventing unfairness to defendant”
• plaintiff’s refusal on Fifth Amendment grounds to respond to interrogatories did not warrant dismissal

Source: CourtListener parenthetical corpus (CC0).