With the U.S. Department of Justice refusing to say whether a criminal investigation is underway over a 2014 food truck explosion, a defendant in the related civil litigation is fighting attempts to be deposed, arguing instead that he should be able to assert the Fifth Amendment privilege against self-incrimination to avoid testifying altogether.

A Philadelphia judge handling the case, however, has ruled that the defendant must attend a deposition and may assert the privilege only on a question-by-question basis. On Monday, the judge issued an opinion, asking the Pennsylvania Superior Court to uphold his ruling.