In that, Skie and BRCC are equally culpable. See, e.g., Cooke v. Karlseng, No. 05-18-00206-CV, 2022 WL 1089911, at *7 (Tex. App.—Dallas Apr. 12, 2022, pet. denied) (mem. op. on remand) (relevant inquiry is whether the parties were in pari delicto with respect to the illegality of the parties’ transaction). VII. Public-PolicyException
On remand, we concluded the amended pleading "was solely a matter of Cooke's capacity as plaintiff, ... [and] errors in capacity may be corrected and relate back to timely filed petitions." Cooke v. Karlseng , No. 05-18-00206-CV, 2022 WL 1089911, at *4 (Tex. App.—Dallas Apr. 12, 2022, pet. filed) (mem. op.) ( Cooke III ).