3rd Circ. Illuminates 'Unclean Hands' Doctrine For Employers

Law360 (March 7, 2019, 1:47 PM EST) -- The equitable defense of “unclean hands” is often raised but rarely proven. Sometimes stated as “he who comes into equity must come with clean hands,” it is based on the maxim that “he that hath committed iniquity shall not have equity.”

Readers with a historical mindset may also recall the related, but distinct, maxim that “he who seeks equity must do equity.”

As explained in the leading historical treatise on equity jurisprudence, the difference is that unclean hands is implicated only when “the suitor seeking the aid of a court of equity has himself been guilty of conduct in violation of...

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