Legal Opinion

Cape Wind Associates, LLC v. Donelan

Massachusetts Superior Court

Decided April 29, 2004No. 040913BLSPublished

1Opinion of the Court

van Gestel, J.

This matter comes before the Court on a motion by the plaintiff, Cape Wind Associates, LLC (“Cape Wind”), seeking an order to compel the defendant, John Donelan, to answer questions at his deposition.

BACKGROUND

At his deposition, Donelan, on advice of his counsel, took shelter behind the Fifth Amendment to the United States Constitution on almost every question asked. Indeed, the following responses and colloquy occurred starting with the very second question asked.

Q. And where do you live, Mr. Donelan?

MR. HORSTMANN: Assert the Fifth on that.

A. On the advice of counsel, I…

2Cases cited5 opinions

  1. Frizado v. FrizadoMassachusetts Supreme Judicial Court · 1995
  2. United States Trust Co. of New York v. HerriottMassachusetts Appeals Court · 1980
  3. Kaye v. NewhallMassachusetts Supreme Judicial Court · 1969
  4. Wansong v. WansongMassachusetts Supreme Judicial Court · 1985
  5. Department of Revenue v. B.P.Massachusetts Supreme Judicial Court · 1992

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