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Kapila v. Grant Thornton LLP
(11th Circ., filed July 30, 2018): Arguing that the in pari delicto defense should apply in cases involving bankruptcy trusts. The defense prevents a wrongdoer from attempting to shift its liability to another that was involved to an equal or lesser extent in the improper conduct.
On March 22, 2019, the Court ruled in favor of ATRA’s position and affirmed the lower court’s decision.
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