United States Ex Rel. DRC, Inc. v. Custer Battles, LLC

MEMORANDUM OPINION

ELLIS, District Judge.

At issue prior to trial in this qui tam action is whether to grant Relators’ request for a jury instruction allowing adverse inferences to be drawn as a result of defendant Joseph Morris’ assertions of his Fifth Amendment privilege. Specifically, Relators seek to have the jury instructed that it may draw adverse inferences from defendant Morris’ assertion of his Fifth Amendment privilege in refusing to answer specific deposition questions. 1 For the reasons that follow, Relators’ request must be granted in part and denied in part.

I

Relators 2 have…