Jed I. Bergman and Cynthia M. Jordano summarize the key principles courts generally apply in deciding whether to permit Fifth Amendment adverse inferences in civil suits against corporate defendants.

The plaintiff tripped and fell on a floor mat near the beverage area in the defendant’s store. After the incident, a store employee reviewed surveillance footage from the day of the incident, but was ...

It was long believed by many that if a defendant in a domestic violence hearing plead the 5th Amendment (i.e. chose not to testify on the grounds that it might incriminate him/herself), that the court ...

A recent First Department decision reflects a continued post-pandemic trend of New York courts cracking down on delays in producing discovery materials—including by levying harsh penalties not sought ...

The High Court of Jammu & Kashmir and Ladakh has held that although the prosecution bears the primary burden of proving guilt ...