Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Bankruptcy StrategistKickerFeaturesSectionsNewsLJN Newsletters

In Pari Delicto: The Seventh Circuit Gives New Life to Evil Zombies

By Brian L. Shaw and Terence G. Banich

In April 3, 2012, the United States Court of Appeals for the Seventh Circuit decided Peterson v. McGladrey & Pullen, LLP, 676 F.3d 594 (7th Cir. 2012), which held that bankruptcy trustees are not immune from the litigation defense known as “in pari delicto” ' the argument that if opposing parties in a lawsuit are equally in the wrong, then neither has a colorable claim against the other. See Schlueter v. Latek, — F.3d —, No. 11-3679, 2012 WL 2044362, at *4 (7th Cir. June 6, 2012). In so deciding, the Seventh Circuit brought itself into alignment with several other courts of appeals and severely limited the applicability of Scholes v. Lehmann, 56 F.3d 750 (7th Cir. 1995), perhaps the court's most cited decision addressing in pari delicto (and independently notable for its use of the term “evil zombies”). As the authors discuss in this article, Peterson is a critically important decision to bankruptcy lawyers, particularly those who prosecute and defend causes of action brought by bankruptcy estates and their representatives.

'In Pari Delicto'

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?