News & Analysis as of

Unclean Hands

Capouillez Case is a Warning to Non-Attorneys Representing Landowners in Gas Lease Negotiations

by Tucker Arensberg, P.C. on

Since the first Marcellus Shale well was drilled in 2004, tens of thousands of oil and gas leases have been negotiated across Pennsylvania. Non-lawyers sometimes play a prominent role in the leasing process. Originally...more

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

by Zapproved Inc. on

The court entered final judgment, upholding the jury’s findings and denying the defendant’s motion for a new trial, finding that harsher sanctions for the plaintiff’s intentional spoliation of material evidence were not...more

Who Has Child Custody Jurisdiction

by Jaburg Wilk on

The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more

Real Property & Title Insurance Update: Week Ending July 15, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Unclean Hands: defense of unclean hands insufficient where borrower alleges bank’s loan officer inflated borrower’s income and assets to qualify for loan where borrower signed off on...more

ANDA Update - Volume 2, Number 2

by McDermott Will & Emery on

180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction - Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) - A year after analyzing the patent dance and notice...more

Illinois Appellate Court Holds That Legal Malpractice Claim Was Barred by Six-Year Statute of Repose, and Collateral Estoppel...

by Hinshaw & Culbertson LLP on

Prospect Development, LLC, et al v. Donald Kreger and Schiff Hardin, 2016 IL App (1st) 150433 - Brief Summary - Plaintiff sued a lawyer and his law firm for alleged legal malpractice arising out of the collapse of a...more

“Unclean Hands” Doctrine Erases Merck’s Damage Award

In my last post on the district court’s ruling in Gilead v. Merck, I implied that Gilead had convinced the Judge that Merck had employed inequitable conduct (“IC”) in conducting its negotiations with Pharmasset, the company...more

Jury Trial Starts Today in POM v. Coca-Cola

by Freeborn & Peters LLP on

POM Wonderful’s battle with Coca-Cola is nearing an end as a federal jury trial starts today in the long-running dispute. The case involves a now discontinued Coca-Cola product called “Minute Maid Enhanced Pomegranate...more

Cheatin’ Ain’t Easy: Potential Theories of Liability Emerge for Online Cheating Website Ashley Madison

by Butler Snow LLP on

Ashley Madison, a dating website specifically geared towards married individuals looking to have an affair, recently found out it was the victim of cyber hackers who claim to have stolen personal information, including names...more

Poor Litigation Conduct by Prevailing Party Not Enough to Obviate Exceptional-Case Doctrine - Gaymar Indus., Inc. v. Cincinnati...

by McDermott Will & Emery on

Addressing the degree to which litigation conduct can preclude the recovery of fees under 35 U.S. C. § 285, the U.S. Court of Appeals for the Federal Circuit vacated the denial of a fee award, finding that sloppy litigation...more

Today's Immigration Debate Impacts California Employment Law and Litigation

by Wilson Elser on

A year ago, the California Supreme Court limited damages in employment discrimination claims brought under the California Fair Employment and Housing Act (FEHA) when an employer discovers it employed an unauthorized worker....more

I Falsified My Time Records … But I’m Still Suing You for Overtime

by Foley & Lardner LLP on

Employers sometimes rely on equitable arguments, such as “unclean hands” (which asserts that it would not be fair to hold an employer liable when the employee’s actions caused or contributed to his own injury or damages). But...more

Supervisor’s Knowledge of Unreported Overtime May Lead to Liability Under the FLSA

The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least one-and-one-half times the employees’ regular hourly wage for every hour worked in excess of 40 hours in one week. Courts regularly...more

Equitable Defenses Do Not Apply to FLSA Overtime Claim

Defendants sometimes assert “equitable” defenses to legal claims brought against them. In some situations, courts have the discretion to bar claims by plaintiffs whose “unclean hands” or other actions make recovery manifestly...more

11th Circuit: Employer Aware of Employee's Underreported Hours Cannot Rely on "Unclean Hands" Defense in FLSA Case

by Hinshaw & Culbertson LLP on

Santonias Bailey, a TitleMax employee, underreported his hours worked. His supervisor instructed him to do so, and the supervisor would also himself routinely revise Baily’s time records to reflect even less hours worked. ...more

Flash in the Panama

Many of you may have heard recently that (in)famous dictator and all-around terrible (misunderstood?) person Manuel Noriega has sued Activision...more

Finding of Exceptional Case Denied Due to Unclean Hands

In Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc. et al, 1-08-cv-00299 (NYWD July 3, 2014, Order) (McCarthy, M.J.), the magistrate judge recommended denial of defendant's request for reconsideration of its...more

Did You Know…California Supreme Court Holds Undocumented Workers Are Not Barred From All Relief

by Nossaman LLP on

In Salas v. Sierra Chemical Co. the California Supreme Court recently held that an undocumented worker who fraudulently obtained employment through use of someone else’s social security number may seek damages for employment...more

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more

Burr Alert: Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening The Door To Claims By Unlicensed Contractors In...

by Burr & Forman on

The Mississippi Supreme Court, in a case of first impression, recently addressed claims for nonpayment by contractors performing work in the state in violation of Miss. Code Ann. Section 31-3-15, which requires contractors...more

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