Chamberlain Hrdlicka's Maritime Proctor Blog is primarily about Admiralty and Maritime law decisions, but also discusses non-Admiralty litigation as well as other legal issues. This blog does not constitute legal advice of any kind. Moreover, it does not create an attorney/client relationship between the reader and either myself or Chamberlain Hrdlicka. Instead, I merely endeavor to discuss, on a broad level, common issues I see in my practice, as well as recent case developments or news concerning the Maritime industry.
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In Part I of "A Fifth of Silence," we covered the wording and history behind the Fifth Amendment, as well as how a jury must evaluate a witness taking the Fifth in a criminal trial. To recap … the jury cannot consider it at all in reaching their verdict.
In Part II, we turn to taking the Fifth in a civil lawsuit. The results are vastly different. We will also address a hypothetical and provide some practical tips when faced with this type of situation.
What Happens When a Witness Takes the Fifth in a Civil Matter?
If a witness takes the Fifth in a civil matter, the jury, under SCOTUS precedent from ...
Author’s Note: This is the first in a two-part series on the Fifth Amendment’s protection of individuals from government action forcing the individual to testify or incriminate themselves. Part I provides an overview of the Fifth Amendment and its application in the criminal context. Part II details the implications of taking the Fifth in civil litigation, and provides a maritime hypothetical where a key witness likely would take the Fifth.
What do “Pharma Bro” Martin Shkreli, “Bash Bro” Mark McGwire, and “Raptor Bro” Kenneth Lay have in common? Aside from the ...