12 Cited authorities

Fisher v. United States
425 U.S. 391 (1976) Cited 2,056 times 12 Legal Analyses
Holding that act of producing evidence may, in some circumstances, trigger Fifth Amendment safeguards
Henry v. Sneiders
490 F.2d 315 (9th Cir. 1974) Cited 161 times
Holding that entry of default judgment in excess of the $71,243.68 sought in the complaint was appropriate because the complaint also sought additional damages "not yet fully determined"
In re Grand Jury Subpoena Duces Tecum
1 F.3d 87 (2d Cir. 1993) Cited 59 times
Holding calendar prepared by grand jury target not protected by Fifth Amendment privilege
U.S. v. Harrington
923 F.2d 1371 (9th Cir. 1991) Cited 59 times
Holding that the defendant's statement was involuntary because it was made during a court ordered mental examination and a state statute provided that such statements would remain confidential
United States v. Edgerton
734 F.2d 913 (2d Cir. 1984) Cited 66 times
Describing complete and properly pursued § 7604(b) procedure leading to provision of a coercive contempt penalty
Martin-Trigona v. Gouletas
634 F.2d 354 (7th Cir. 1980) Cited 57 times
In Martin-Trigona v. Gouletas, 634 F.2d 354, 355–56 (7th Cir. 1980) (per curiam), a judgment debtor was found in contempt and confined after he refused to answer live questions in a post-judgment proceeding intended to discover his assets.
United States v. Rue
819 F.2d 1488 (8th Cir. 1987) Cited 38 times
Holding that a contemnor may not satisfy his burden, on a defense of inability, by simply alleging it and "thereafter standing mute and asserting a Fifth Amendment privilege"
U.S. v. Clark
847 F.2d 1467 (10th Cir. 1988) Cited 19 times
Rejecting a general Fifth Amendment challenge to IRS summons
In re Grand Jury Proc. on Feb. 4
759 F.2d 1418 (9th Cir. 1985) Cited 18 times
Holding that the contents of documents, whether business or personal, are not protected by the Fifth Amendment at all
Thomas v. Tyler
841 F. Supp. 1119 (D. Kan. 1993) Cited 6 times
Explaining that corporate records are generally held in custodial capacity, not private capacity
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,731 times 319 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Fed. R. Civ. P. 34 Cited 13,075 times 145 Legal Analyses
Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

eBay Inc. v. Digital Point Solutions, Inc. et al

12 Cited authorities

Holding that act of producing evidence may, in some circumstances, trigger Fifth Amendment safeguards

Holding that entry of default judgment in excess of the $71,243.68 sought in the complaint was appropriate because the complaint also sought additional damages "not yet fully determined"

Holding calendar prepared by grand jury target not protected by Fifth Amendment privilege

Holding that the defendant's statement was involuntary because it was made during a court ordered mental examination and a state statute provided that such statements would remain confidential

Describing complete and properly pursued § 7604(b) procedure leading to provision of a coercive contempt penalty

In Martin-Trigona v. Gouletas, 634 F.2d 354, 355–56 (7th Cir. 1980) (per curiam), a judgment debtor was found in contempt and confined after he refused to answer live questions in a post-judgment proceeding intended to discover his assets.

Holding that a contemnor may not satisfy his burden, on a defense of inability, by simply alleging it and "thereafter standing mute and asserting a Fifth Amendment privilege"

Rejecting a general Fifth Amendment challenge to IRS summons

Holding that the contents of documents, whether business or personal, are not protected by the Fifth Amendment at all

Explaining that corporate records are generally held in custodial capacity, not private capacity

Holding that a party may be barred from using a witness if it fails to disclose the witness

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."