Ed McMullen v. Bay Ship Management

How courts have described this case

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

• holding that the privilege is available to civil plaintiffs
• holding that the privilege is available to civil plaintiffs
• noting that Federal Rule of Civi l Procedure 37 generally “requires the issuance of an order to compel and only after failure to comply with that order should a penalty be imposed”
• referring to the consequences of properly invoking the Fifth Amendment privilege as “sanctions”
• “Generally, [Rule 37] requires the issuance of an order tMo uctosmchpleerl avn. Tdr oitnt,l y after failure to comply with that order should a penalty be imposed.”
• “We have emphasized this Court’s policy of favoring litigation on the merits, rather than imposing dismissals with prejudice or a default judgment. In Hewlett v. Davis, 844 F.2d 109, 113 (3d Cir. 1988), we stated that ‘[t]hese must be sanctions of last, not first, resort.’”

Source: CourtListener parenthetical corpus (CC0).