National Acceptance Company of America v. Joseph S. Bathalter, Jr.

How courts have described this case

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

• “It is only when there is but a fanciful possibility of prosecution that a claim of Fifth Amendment privilege is not well taken.”
• Fifth Amendment secures privilege to remain silent and to suffer no penalty for such silence
• failure to answer the allegations of a civil complaint based on the assertion of Fifth Amendment privilege cannot be construed as an admission
• “Baxter established that the drawing of an adverse inference from privileged silence in a civil case does not make the exercise of the privilege sufficiently ‘costly’ to amount to compulsion when there is other evidence of the fact”
• analyzing the application of the Fifth Amendment in civil cases
• interpreting Baxter as requiring “adverse” evidence

Source: CourtListener parenthetical corpus (CC0).