FTC v. Endo Pharmaceuticals Inc.

Oral argument

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  75 min recording
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Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

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

• knowing that witness will invoke the Fifth Amendment yet asking questions that incriminate witness and defendant constitutes prosecutorial misconduct where adverse inference of defendant's guilt results
• noting inferences raised by questions that witnesses declined to answer were at most cumulative and not prejudicial
• noting that it is reversible error for the prosecution to cross-examine a witness about the prior invocation of the Fifth Amendment privilege when the purpose is to “build [the Government’s] case out of inferences arising from the use of testimonial privilege”
• allowing the government to ask some questions of witnesses who had invoked their privilege against self-incrimination
• discussing two theories that may support reversible error grounded on introduction of witness’s claim of Fifth Amendment privilege
• characterizing United States v. Maloney, 262 F.2d 535, 537 (2d Cir.1959)

Source: CourtListener parenthetical corpus (CC0).