6th Circuit allows deponents to flip, plead the 5th at trial

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 8, 2022 10:52 AM

A 2-1 decision from the 6th U.S. Circuit Court of Appeals concluded that state and local officials who didn’t invoke the Fifth Amendment during depositions about the Flint, Michigan water catastrophe didn’t waive their right against self-incrimination when they were subpoenaed to testify at trial in a bellwether case filed on behalf of four children who allegedly suffered brain damage from drinking water contaminated with lead.The plaintiffs settled with all the governmental defendants, and the case is set for trial …

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