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Conflicts Keyed to Currie
Baker v. General Motor Corporation
Facts
In settlement of claims arising from the discharge of Elwell, a former employee of General Motors Corporation (Defendant), a state court in Michigan issued a permanent injunction barring Elwell from testifying, without the prior written consent of GM (Defendant), as a witness of any kind in any litigation that involved Defendant. However, Defendant agreed separately that if Elwell were ordered to testify by a court, such testimony would not be actionable. The Bakers (Plaintiff) brought suit against Defendant in Missouri and subpoenaed Elwell to appear as a witness in their suit. The federal district court in Missouri allowed Plaintiff to depose Elwell and call him as a witness at trial. Relying on the Full Faith and Credit Clause, the Eighth Circuit reversed, ruling that the testimony should not have been admitted. The Supreme Court granted review.
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