Rogers v. McDorman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a “defendant should not be permitted to ‘lie behind a log’ and ambush a plaintiff with an unexpected defense”
• stating that “the Supreme Court . . . held that civil RICO claims are subject to a four-year statute of limitations”
• recognizing in pari 6 delicto defense to RICO claims where the “scheme could not work 7 without [the plaintiffs’] active participation,” and observing that 8 “[t]his is not a situation where an innocent or passive victim is being 9 deprived of a RICO remedy”
• emphasizing the plaintiff’s knowledge of defendant’s intent to assert an affirmative defense because plaintiff contested its applicability in a pre-trial brief
• finding no unfair surprise when, despite the defense not being pleaded, plaintiffs had notice in light of it being alluded to in the answer and a pretrial brief, as well as during a pretrial hearing
• affirming the district court’s application of the “substantially equal responsibility” standard

Source: CourtListener parenthetical corpus (CC0).