Overview
In pari delicto is an equitable doctrine “derive[d] from the Latin, in pari delicto potior est conditio defendentis,” meaning “[i]n a case of equal or mutual fault ... the position of the [defending] party ... is the better one.” The doctrine may be available under certain circumstances as an affirmative defense against claims arising from a plaintiff’s misconduct. In pari delicto generally applies when a plaintiff participates alongside a defendant in the misconduct giving rise to the plaintiff’s claim; if the plaintiff is at least equally responsible for the claim being asserted, that plaintiff should not be able to recover against the defendant from its claim. In pari delicto “is grounded on two premises: first, that courts should not lend their good offices to mediating disputes among wrongdoers; and second, that denying judicial relief to an admitted wrongdoer is an effective means of deterring illegality.”