Survey

MANIFEST INJUSTICE

a plain error that impacts substantial rights and impairs the fundamental fairness of a proceeding.

"To hold the plaintiff in this case to such a showing would be manifestly unfair:

[I]t cannot be stated with certainty that all of this would have changed the result of the case. But, as said by the Supreme Court, a litigant who has engaged in misconduct is not entitled to "the benefit of calculation, which can be little better than speculation, as to the extent of the wrong inflicted upon his opponent". Minneapolis, St. Paul S.S. Marie Ry. Co. v. Moquin, 1931, 283 U.S. 520 "

- Rozier v Ford, 573 F.2d 1332 (5th Cir. 1978)