Davis-Lynch v. Moreno, et al.

Plaintiff filed a lawsuit against several defendants, including Alfredo Moreno and Ronald Pucek, seeking injunctive relief and damages pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-1968, and Texas law. On appeal, defendants challenged the district court's grant of summary judgment and order denying the withdrawal of their Fifth Amendment privilege against self-incrimination. The court affirmed the district court's denial of Pucek's withdrawal of his Fifth Amendment privilege where Pucek's withdrawal appeared more likely to be an attempt to abuse the system or gain an unfair advantage. However, the court reversed the district court's denial of Moreno's withdrawal of his Fifth Amendment privilege where the district court erred in denying Moreno's attempt to withdraw his assertion of the privilege more than a month before the discovery deadline. The court also reversed and remanded summary judgment with respect to both defendants. View "Davis-Lynch v. Moreno, et al." on Justia Law