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McGillis Investment Co., LLP v. First Interstate Financial Utah LLC

Colorado Court of Appeals
370 P.3d 295 (2015)

Written by Sean Carroll, JD

Facts

McGillis Investment Company, LLP (McGillis) was involved in litigation with First Interstate Financial Utah LLC (FIF). McGillis called Jonathan Sysum as a witness. Sysum, a nonparty to the litigation, invoked his Fifth Amendment privilege against self-incrimination. The trial court instructed the jury that it could make an adverse inference against Sysum for invoking the privilege. The jury found in favor of McGillis. FIF appealed.

Rule of Law

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Issue

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Holding and Reasoning (Graham, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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