Trying to trace and recover $2.2 million that was allegedly misappropriated from an escrow account, Fidelity National Title Insurance Co. sued a married couple, Richard and Sarah Appelbaum. Anticipating conflict during Sarah’s limited deposition on where the money went, the parties asked U.S. District Judge John A. Ross to pick sides in a circuit split on whether the “adverse testimonial privilege” and “joint participant exception” apply in civil litigation.Ross started by explaining that “the marital communications …