EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Supplement to Amended Proposed Jury Instructions and Verdict Fonn Page of7 including the noticing of certain depositions that was improper and caused Jeffrey Epstein to spend money on attorneys.fees to defend against that discovery Jeffi Epstein claims that these monies constitute damages that are recoverable in his independent lawsuit against Bradley Edwards However if the investigation Bradley Edwards engaged in was reasonably calculated to lead to the discovery of admissible evidence regarding any part of the claims being pursued by and Jane Doe including but not limited to their potential claims for punitive damages against Jeffrey Epstein then the discovery conducted by Bradley Edwards was relevant to those proceedings and is protected by absolute immunity Thus if you find that the discovery being taken by Bradley Edwards was relevant to the potential claims being pursued by his three clients then you must also find that Jeffrey Epstein could not properly pursue an independent lawsuit against Bradley Edwards to recover any claimed damages for attorneys fees as those claims were absolutely barred by Floridas litigation privilege EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Supplement to Amended Proposed Jury Instructions and Verdict Form Page of7 Jeffrey Epsteins Failure to Testify at Trial The failure of Jeffi Epstein to appear or testify as to material facts within his knowledge creates an inference that he refrained fi appearing or test fying because I he truth revealed would not be favorable to him See Geiger Mather of Lakeland Inc So 2d Fla 4th DCA It is a general rule that the failure of a party to appear or testify as to material facts within his knowledge creates an inference that he refrained from appearing or testifying because the truth if made to appear would not aid his contention This appears to be the clear weight of authority throughout the country EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Supplement to Amended Proposed Jury Instructions and Verdict Form Page of7 The Sword-Shield Doctrine Under Florida law Jeffrey Epstein is not permitted to file a civil proceeding against Bradley Edwards and then invoke a privilege to avoid discovery on the claims made by Jeffrey Epstein against Bradley Edwards in that civil proceeding An issue you are deciding in this case is whether Jeffrey Epstein initiated and continued claims against Bradley Edwards in the absence of probable cause If you find that Jeffrey Epstein was asked to provide information about whatever probable cause he may have had and rather than provide that information he instead refused to answer relevant questions then you are permitted but are not required to infer that Jeffrey Epsteins answers would have been adverse to his position and would have demonstrated a lack of probable cause See DePalma DePalma So 2d Fla 4th DCA It is well settled in this district that a person may not seek affirmative relief in a civil action and then invoke the fifth amendment to avoid giving discovery using the fifth amendment as both a sword and a shield EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Supplement to Amended Proposed Jury Instructions and Verdict Form Page of7 Epsteins Failure to Raise Advice of Counsel as a Defense Jeffrey Epstein had the option in this case of claiming that after he provided his attorney with a full and complete disclosure of all the facts known to Jeffi Epstein his attorney advised him to institute the civil proceeding against Bradley Edwards This defense called advice of counsel would have been a complete defense to Bradley Edwards malicious prosecution action Jeffrey Epstein however chose not to raise this defense and failed to call any of his attorneys as a witness in support of his defense to Bradley Edwards malicious prosecution claim The failure of Jeffrey Epstein to present testimony of his own attorneys who are within his control and who may have knowledge of facts at issue Justifies an adverse inference against Je.fji Epstein You therefore may but are not required to infer that Jeffrey Epstein failed to call his attorneys because his attorneys testimony would have been unfavorable to Jeffrey Epsteins claim that Jeffi Epstein had probable cause to initiate the civil proceeding against Bradley Edwards See Paulk Buczynski So 2d Fla 2d DCA As mentioned above defendant alleged that the perjury prosecution against plaintiff was instituted upon advice of counsel Such is a complete defense to an action for malicious prosecution however such advice of counsel must be based upon a full and complete disclosure of all the facts See Tri-State Systems Inc Department of Transportation So 2d I Fla 1st DCA The failure of a patty to present the testimony of a person within his control who has knowledge of the fact at issue justifies an inference adverse to that party see also Haliburton State So 2d Fla McLaughlin Union-Leader Corp N.H N.H affirming trial courts ruling permitting counsel to comment on the opposing partys failure to call its attorney in defense of the claims EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Supplement to Amended Proposed Jury Instructions and Verdict Form Page of7 I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list this of February Isl Tack Scaro a JACK SCAROLA Florida Bar No Attorney E-Mail jsx searcylaw.com and mmccann searcylaw.com Primary E-Mail _scarolateam searcylaw.com Searcy Dem1ey Scarola Barnhai1 Shipley P.A Palm Beach Lakes Boulevard West Palm Beach Florida Phone Fax Attorneys for Bradley Edwards EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Supplement to Amended Proposed Jury Instructions and Verdict Fonn Page of7 Scott Link Esq Link Rockenbach P.A Scott linkrocklaw.com Kara linkrocklaw.com Palm Beach Lakes Boulevard Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein Jack A Goldberger Esquire jgoldberger agwpa.com smahoney agwpa.com Atterbury Goldberger Weiss P.A Australian Avenue Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein Nichole Segal Esquire njs FLAppellateLaw.com kbt FLAppellateLaw.com Burlington Rockenbach P.A Railroad Avenue Suite West Palm Beach FL Phone Attorneys for Bradley Edwards Bradley Edwards Esquire staff.efile pathtojustice.com Andrews Avenue Suite Fort Lauderdale FL Phone Fax COUNSEL LIST Marc Nurik Esquire marc nuriklaw.com One Broward Blvd Suite Fort Lauderdale FL Phone Fax Attorneys for Scott Rothstein A A 4A E0 A4 DE a qr?q rq qrCX HhL Kg lg d?a d6U a M3 flW y??S m/y t0 I F/Z V/j 1a qC KS u?v vZ O5 a qr rCX qC 0V I I dc rM?M rM 10Cy n??m?n k?o?h I A I w?!ac qr MCX 10Cy ITy qr M3 Ґ??1rA5R h?H?T3P K?z X?K I v"x i X5 EO5 5a r?q CX 9r Cy rq rqC M3 ş?:c p/p0 5H V)V 6T Y2 G5 qrM?r?qr?r9 q?10Cy rCX qr l1 X?l 3K fm?Q Z2f CX CX gT L??T 2E Cy 3P EM3 J4T L?h??M q?ᡚ?Y r??O?rJt CTX i P!e i I CTX rC YY I 1e 2j CTX X0T1i 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