Limiting The In Pari Delicto Defense In Pa.

Law360, New York (August 17, 2010, 11:55 AM EDT) -- In pari delicto is a common law defense against liability in circumstances where the culpability of the plaintiff is at least as great as the culpability of the defendant.

The Supreme Court of Pennsylvania clarified Pennsylvania law on this on Feb. 16, 2010, in Official Comm. Of Unsecured Creditors of Allegheny Health, Educ. & Research Found. v. PriceWaterhouseCoopers LLP (“Allegheny III”), 989 A.2d 313, when it answered certified questions of law from The United States Court of Appeals for the Third Circuit concerning the extent to...
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