challenge to civil penalties imposed under state Consumer Sales and Practices Act and Odometer Rollback and Disclosure Act
How later courts described this case
- challenge to civil penalties imposed under state Consumer Sales and Practices Act and Odometer Rollback and Disclosure Act
Written by the judges who cited it.
The opinion
Douglas, J.,
dissenting. Appellee was granted use immunity. The purpose of use immunity (or derivative use immunity) is to leave the person granted the immunity in substantially the same position as though the person had exercised his or her rights under the Fifth Amendment. In the case at bar, appellee was not so treated. Since he was not so treated, the judgment of the court of appeals should be affirmed.