Alfred W. Harre, Bernice E. Harre, David Bening v. Arthur G. Muegler

In 1990, Alfred and Bernice Harre and David Bening sued Arthur Muegler, alleging claims of fraudulent and negligent misrepresentation. During a long discovery period, Muegler failed to provide requested documents, to respond to interrogatories, or to answer deposition questions, asserting his fifth amendment privilege. As a sanction for his noncomplianee with discovery requests and orders, the district court 1 barred him from presenting undisclosed evidence or testifying at trial. He nevertheless prevailed with the jury, but the judgment was overturned because of erroneous jury instructions.…