Rogers v. Penland, 5th Cir. Mar. 18, 2008
05-41347 Rogers v. Penland
Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.
PATRICK E. HIGGINBOTHAM, Circuit Judge: The former directors of Mauriceville National Bank (Directors) sued Robert McDorman, Meshell McDorman, Deon Thornton, and various McDorman-related business entities (Defendants), alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and state-law claims. Joe Penland was also a defendant. A jury found Defendants liable under RICO and some state-law theories, but only assessed damages for the RICO violations; however, the jury also found that Directors were in pari delicto with Defendants. The district court entered a take nothing judgment against
Defendants.
.
Directors appealed, principally challenging the in pari delicto defense and the finding that Penland was not liable. Penland cross-appealed. Prior to oral argument, Penland and Directors settled, dismissing their appeals against each other.1 Directors maintained their appeal as to Defendants. For the reasons that follow, we affirm. … Rogers v. Penland.
- We, therefore, do not consider the issues raised by Directors that concern only Penland, nor do we consider any of the issues raised in Penland’s cross-appeal. [↩]
