· 7/31/1998
In Re Dg Acquisition Corp. Debtor. Dg Creditor Corp., Trustee for the Dg Creditor Trust v. Ivette Dabah, Barbara Dabah, Renee Dabah, and Yvette Dabah
Citations
- 151 F.3d 75
- 1998 U.S. App. LEXIS 17606
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “a person responding to a subpoena should at least assert any privileges within…14 days”
- discussing cases in which a bad faith delay in asserting a privilege resulted in its waiver
- “[A]ssuming the [respondents] had a reasonable basis for asserting the Fifth Amendment privilege at the time they first received the subpoenas, they should have raised the privilege at that time.”
- stating that a general reservation of rights does not automatically preserve the Fifth Amendment privilege because “Rule 45(c)(2)(B) . . . require[s] the recipient of a subpoena to raise all objections at once, rather than in staggered batches, so that discovery does not become a ‘game’”
- noting bankruptcy court's broad discretion with respect to matters of pre-trial discovery
- “some courts suggest that untimeliness, without more, can never justify a finding of waiver of the Fifth Amendment privilege”
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Parker, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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