Decubas v. United States

How courts have described this case

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

• explaining that RICO conspiracy under section 1962(d) requires “an injury from an act that is independently wrongful under RICO”
• “The timing and circumstances under which a litigant withdraws the privilege are relevant factors in considering whether a litigant is attempting to abuse or gain some unfair advantage.”
• first quoting Anderson v. Liberty Lobby Inc., 447 U.S. 242, 248 (1986); and then quoting LeMaire v. La. Dep't of Transp. & Dev., 480 F.3d 383, 387 (5th Cir. 2007)
• Withdrawal of privilege only minimally prejudiced nonmovant when the privilege was withdrawn several weeks before the close of discovery, allowing another deposition to be schedule and all possible testimony to be available in the litigation.
• “[A] party may withdraw its assertion of the Fifth Amendment privilege, even at a late stage in litigation, if circumstances indicate that (1) the litigant was not using the privilege in a tactical, abusive manner, and (2

Source: CourtListener parenthetical corpus (CC0).