The Ninth Circuit today issued a writ of mandamus directing a district court to explain its reasons for granting indefinite stays of civil discovery.  The defendants sought relief to avoid invoking their fifth amendment right not to incriminate themselves.  The district court granted the defense motions without comment.  The Ninth Circuit held that the orders could delay the civil case for years and would effectively put the plaintiffs out of court.  The court vacated the orders and remanded for further proceedings.  Blue Cross & Blue Shield v. Rubin, No. 05-56261 (9th Cir. May 25, 2007).

Barry Barnett

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