In pari delicto.

Practice point: The doctrine mandates that the courts will not intercede to resolve a dispute between two wrongdoers.

Student note: The justice of the rule is most obvious where a willful wrongdoer is suing someone who is alleged to be merely negligent, but it also applies where both parties acted willfully.

Case: Concord Capital Mgt., LLC v. Bank of America, N.A., NY Slip Op 00011 (1st Dept. 2013).

Here is the decision.

Tomorrow’s issue: A claim on a note and loan agreement.