Rubenstein v. Kleven
United States District Court for the District of Massachusetts
150 F.Supp. 47 (1957)
Rubenstein (plaintiff) sued Kleven (defendant) for breach of a contract to pay for Rubenstein's companionship, and Kleven defended on the ground the contract was void for illegal consideration, implicitly suggesting an adulterous relationship. During deposition, Kleven refused to answer questions about the alleged adultery, citing his privilege against self-incrimination, even though this created the appearance of an illegal relationship that Rubenstein argued did not actually exist; Rubenstein moved to compel answers.
Whether, under the Federal Rules of Civil Procedure, a defendant in a breach of contract action may be compelled to answer questions that might incriminate him after raising an affirmative defense of illegality.