1See, e.g., Johnson v. Yellow Cab Transit Co., 321 U.S. 383, 387 (1944); DAN B. DOBBS, LAW OF REMEDIES: DAMAGES, EQUITY, RESTITUTION 68 (2d ed. 1993).
2BLACK’S LAW DICTIONARY 268 (8th ed. 2004).
3See Precision Instrument Mfg. Co. v. Auto. Maint. Mach. Co., 324 U.S. 806, 815 (1945); N.Y. Football Giants, Inc. v. L.A. Chargers Football Club, Inc., 291 F.2d 471, 473 (5th Cir. 1961); DOBBS, supra note 1, at 68; 27A AM. JUR. 2D Equity §100 (1996).
5See Deweese v. Reinhard, 165 U.S. 386, 390 (1897) (“if the conduct of the plaintiff be offensive to the dictates of natural justice, then, whatever may be the rights he possesses and whatever use he may make of them in a court of law, he will be held remediless in a court of equity.”); Miller v. Beneficial Mgmt. Corp., 855 F. Supp. 691, 712–713 (D.N.J. 1994) (“Whenever a party who seeks to set the judicial machinery in motion and obtain some equitable remedy has violated conscience or good faith, or other equitable principle in his prior conduct with reference to the subject in issue, the doors of equity will be shut against him [or her] notwithstanding the defendant’s conduct has been such that in the absence of the circumstances supporting the maxim, equity might have awarded relief.”) (citations omitted).
12Id. at 205.
14Id. at 792–796.
17LAYCOCK, supra note 10, at 964; DOBBS, supra note 1, at 68.
18Shondel v. McDermott, 775 F.2d 859, 868 (7th Cir. 1985) (J. Posner); William J. Lawrence, III, Note, Application of the Clean Hands Doctrine in Damage Actions, 57 NOTRE DAME L. REV. 673, 678–681 (1982); Zechariah Chafee, Jr., Coming into Equity with Clean Hands, 47 MICH. L. REV. 1065, 1093 (1949).
19Byron v. Clay, 867 F.2d 1049, 1052 (7th Cir. 1989) (“But with the merger of law and equity, it is difficult to see why equitable defenses should be limited to equitable suits any more; and of course many are not so limited, and perhaps unclean hands should be one of these.”) (citations omitted);Mona v.Mona Elec. Group, Inc. 176Md. App. 672, 713 (Md. App., 2007) (“Traditionally, the clean hands doctrine only applied in equity. It has been expanded, however, to cases at law, as well.”); Fibreboard Paper Prods. Corp. v. E. Bay Union of Machinists, 227 Cal. App. 2d 675, 696 (Cal. App. 1st Dist. 1964); FISCHER, supra note 9, at 471 (“The cases are few, but the movement is toward recognizing unclean hands as an available defense to legal claims.”); ROBERT N. LEAVELL, JEAN C. LOVE & GRANT S. NELSON, EQUITABLE REMEDIES, RESTITUTION AND DAMAGES 722 (4th ed. 1986).
28Precision, supra note 3, at 814–815.
29DOBBS, supra note 1, at 68, 880; RENDLEMAN, supra note 6, at 209 (“In applying the unclean hands doctrine, courts act for their own protection, and not as a matter of ‘defense’ to the defendant.”); FISCHER, supra note 9 at 462. See, e.g., Ne. Women’s Ctr., Inc. v. McMonagle, 868 F.2d 1342, 1354 (3d Cir. Pa. 1989) (“The equitable doctrine of unclean hands is not ‘a matter of defense to the defendant.’ Rather, in applying it ‘courts are concerned primarily with their own integrity,’ and with avoiding becoming ‘the abettor of iniquity.’”) (citations omitted); Nakahara, supra note 6, at 522 (“The unclean hands doctrine is aimed at providing courts of equity with a shield from the potentially entangling misdeeds of the litigants in any given case. The Court invokes the doctrine when faced with a litigant whose acts threaten to tarnish the Court’s good name”).
50Id. at 246–252; WILLIAMS, Integrity, supra note 45.
60DOBBS, supra note 1, at 44.
61BLACK, supra note 2.
80I am unaware of cases recognizing vicarious or collective unclean hands under the CHD. By “collective unclean hands,” I am referring to a concept similar to “collective punishment”: a case wherein the hands of all members of a set are deemed unclean due to the iniquity of just one of them.
81Johnson, supra note 1.