Even though a licensed Pennsylvania attorney repeatedly failed to respond to his former employer’s motion for summary judgment and pleaded the Fifth during his deposition, a federal judge has declined to decide the case in the plaintiffs’ favor or draw adverse inferences against the defendant ahead of trial.

The four plaintiffs, Allied World Insurance Co., Allied World Specialty Insurance Co., Allied World National Assurance Co., and United States Fire Insurance Co., alleged a fraudulent scheme perpetrated by a former employee, James Keating, a licensed attorney in Pennsylvania who worked for AW National as a surety claims handler.