Schlueter v. Latek’s Empirical Analysis
683 F.3d 350 · 2012
Citation profile
3 federal appellate ·
Relationships
Applies 15 U.S.C. § 1640 (§ 130 of the Truth in Lending Act) · 15 U.S.C. § 1681N · 17 U.S.C. § 504 (§ 101 of the Copyright Act of 1976) · 18 U.S.C. § 2710 (§ 2 of the Video Privacy Protection Act of 1988) · 25 U.S.C. § 201 · 29 U.S.C. § 1854 (Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 31 U.S.C. § 3730 (False Claims Act) · 46 U.S.C. § 80103
Relies on McKennon v. Nashville Banner Publishing Co. · Perma Life Mufflers, Inc. v. International Parts Corp. · Landreth Timber Co. v. Landreth · Bateman Eichler, Hill Richards, Inc. v. Berner · 215 Ill. 2d 1 - King v. First Capital Financial Services Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When as in such cases the plaintiff is asking for equitable relief, the in pari delicto defense is referred to as the unclean-hands defense. But the label doesn’t matter, and the defenses were equated in McKennon v. Nashville Banner Publishing Co., 513 U.S. 352, 360-61 , 115 S.Ct. 879 , 130 L.Ed.2d 852 (1995). The second ground is the one on which the defense was rejected in Bateman Eichler, Hill Richards, Inc. v. Berner, 472 U.S. 299, 312-14 , 105 S.Ct. 2622 , 86 L.Ed.2d 215 (1985), and Perma Life Mufflers, Inc. v. International Parts Corp., 392 U.S. 134, 137-39 , 88 S.Ct. 1981 , 20 L.Ed.2d 982 (1968) (plurality), the latter a case in which the plaintiff challenged, as a violation of antitrust law, restrictions on its competitive freedom, to which it had agreed in contracts with the defendant. The defendant pleaded in pari delicto as a defense to the plaintiffs suit for damages. The Court rejected the defense, holding that antitrust law, which would be disserved by enforcing the contracts, trumps contract law. The law could easily do without an unclean-hands doctrine and an in pari delicto doctrine, since they reduce to the principle that a court will not entertain a claim or defense that would create a greater legal wrong than vindicating the claim or defense would avert. (Emphasis supplied).”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.