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· 5/25/1995

Trustees of the Plumbers & Pipefitters National Pension Fund v. Transworld Mechanical, Inc.

Citations

  • 886 F. Supp. 1134
  • 1995 U.S. Dist. LEXIS 7265
  • 1995 WL 319193

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 plaintiffs’ interest in the expeditious resolution of the case and potential prejudice of a stay through loss of evidence “are trumped by defendants’ interests in avoiding the [Fifth Amendment] quandary”
  • finding that a stay “may reduce the scope of discovery in the civil case and the evidence gathered during the criminal action can later be used in the civil action”
  • explaining that “ ‘stays will generally not be granted before an indictment is issued’ ” because the trial court would essentially have to postpone the case indefinitely, thus burdening its ability to effectively manage and control its docket
  • explaining that “ ‘stays will generally not be granted before an indictment is issued’ ” because the trial court would essentially have to postpone the case indefinitely, thus burdening its ability to effectively manage and control its docket
  • listing factors and staying case where overlap between civil case and pending criminal case created “quandary of [defendants] choosing between waiving their Fifth Amendment rights or effectively forfeiting the civil case”
  • “If there is no overlap, there would be no danger of self-incrimination and accordingly no need for a stay.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Chin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.