EFTA00762581.pdf

From: "Martin Weinberg" To: "Jeffery Edwards" <[email protected]> Cc: < Subject: ATTORNEY-CLIENT PRIVILEGE Date: Mon, 15 Mar 2010 00:54:56 +0000 Attachments: RESTATEMENT_OF_TORTS.doc IN GENERAL - Pinter v. Dahl, 486 US 622 (1988): The equitable defense of in pari delicto, which literally means -in equal fault," is rooted in the common-law notion that a plaintiff's recovery may be barred by his own wrongful conduct. See Bateman Eichler, 472 U.S., at 306, and nn. 12 and 13, 105 S.Ct., at 2626, and nn. 12 and 13. Traditionally, the defense was limited to situations where the plaintiff bore -at least substantially equal responsibility for his injury," id., at 307, 105 S.Ct. at 2627, and where the parties' culpability arose out of the same illegal act. 1 J. Story, Equity Jurisprudence 399-400 (14th ed. 1918). Contemporary courts have expanded the **2071 defense's application to situations more closely analogous to those encompassed by the 'unclean hands" doctrine, where the plaintiff has participated -in some of the same sort of wrongdoing" as the defendant. See Perma Life Mufflers, Inc. v. International Parts Corp., 392 U.S. 134, 138, 88 S.Ct. 1981 1984, 20 L.Ed.2d 982 (1968). In Perma life, however, the Court concluded that this broadened construction is not appropriate in litigation arising under federal regulatory statutes. Ibid. Nevertheless, in separate opinions, five Justices recognized that a narrow, more traditional formulation should be available in private actions under the antitrust laws. See id., at 145, 88 S.Ct., at 1987 (WHITE, J., concurring); id., at 147-148, 88 S.Ct., at 1988-1989 (Fortes, l., concurring in result); id., at 148-149, 151, 88 S.Ct. at 1989, 1990 (MARSHALL, J., concurring in result); id., at 154-155 88 S.Ct., at 1992 (Harlan, J., joined by Stewart, J., concurring in part and dissenting in part). Does doctrine apply (a) in damage not equity action (b) to someone 16 or 17 RESTATEMENT ON TORTS SAYS MINOR CANNOT CONSENT TO CRIME - BUT ITS FAR LESS CLEAR THAT EVERY MINOR, REGARDLESS OF AGE, CANNOT CONSENT TO EVEN AN INTENTIONAL TORT, SEE ATTACHED We have not yet researched Ha law - has Bob? If not we can do tomorrow, tuesday Martin G. Weinberg MARTIN G. WEINBERG, PC 20 Park Plaza, Suite 1000 Boston, MA 02116 **************************************************************************** This Electronic Message contains information from the Law Office of Martin G. Weinberg, P.C., and may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, please note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. ********************************** ********* *********************** ********** EFTA00762581