Legal Opinion
Ed McMullen v. Bay Ship Management
Court of Appeals for the Third Circuit
Decided June 20, 2003No. 00-3157PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this diversity ease, we conclude that the plaintiffs proper invocation of the Fifth Amendment privilege against self-incrimination did not warrant dismissal of the litigation. Because other less drastic measures were available to cope with the failure to comply with the defendant’s discovery requests, we will reverse and remand for further proceedings.
Plaintiff filed a civil action on January 29, 1999 asserting claims for breach of contract and unjust enrichment based on painting services he had performed on military vessels at defendant’s instance.…
2Cases cited10 opinions
- Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 1984
- Ungar v. SarafiteSupreme Court of the United States · 1964
- Carl D. Wehling and Geraldine D. Wehling v. Columbia Broadcasting SystemCourt of Appeals for the Fifth Circuit · 1980
- In Re Orthopedic Bone Screw Products Liability Litigation MdlCourt of Appeals for the Third Circuit · 1997
- Securities And Exchange Commission v. Graystone Nash, Inc.Court of Appeals for the Third Circuit · 1994
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Steiner v. Minnesota Life Insurance Co.Supreme Court of Colorado · 2004
- Moser v. HeffingtonCourt of Appeals of Maryland · 2019
- Westchester Fire Insurance v. Household International, Inc.Court of Appeals for the Third Circuit · 2006
- LaBrecque Ex Rel. T.N. v. School Administrative District No. 57District Court, D. Maine · 2006
- BAIS BRUCHA INC. v. TOWNSHIP OF TOMS RIVER, NEW JERSEYDistrict Court, D. New Jersey · 2025
13 more not listed; retrieve them via the Exa API.