FOLO – State Farm wants Scruggs ON THE RECORD when he takes the 5th

State Farm wants Scruggs ON THE RECORD when he takes the 5th

This motion is not the main bout; it’s that moment before bout where the boxers are yelling at each other at the weighing-in.

They say they want to force Scruggs to take the Fifth Amendment on the record. There’s a rule that an assertion of the Fifth Amendment can be used against parties in a civil case– that is, if asked: “Did you steal my wallet,” your answer “I assert my right to not incriminate myself” can be used against you, for an inference you really did take the wallet. State Farm is arguing that, because (they say) Scruggs is a co-conspirator with Hood, they can use Scruggs’s Fifth Amendment claim against Hood, too.

I hope that’s clear enough.

FOLO
1/30/8