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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

The High Court of Justice hands down judgment on professional negligence in tax avoidance schemes

by Dentons on

The High Court of Justice (in the case of Halsall and others v. Champion Consulting Ltd and others [2017] EWHC) has handed down judgment in a professional negligence claim arising out of failed tax avoidance schemes. HHJ...more

Connecticut Trial Court Addresses Administrative Agency's Targeting of Law Firms Under the State Unfair Trade Practices Act

by Pullman & Comley, LLC on

In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more

Torts – Elder Abuse

by Low, Ball & Lynch on

Kathleen A. Winn, et al. v. Pioneer Medical Group, Inc., et al. - California Supreme Court (May 19, 2016) - In 1991, California enacted the Elder Abuse and Dependent Protection Act (the “Act”) (Welfare &...more

Is the American Rule Dead in New Jersey?

by Hinshaw & Culbertson LLP on

Ok, so maybe "dead" is a bit hyperbolic, but the New Jersey Supreme Court's decision in Innes v. Marzano-Lesnevich, No. 074291, ___ N.J. _____ (N.J. Apr. 26, 2016) has raised serious questions about just how far the New...more

All Employees Must Wash Hands: Case Dismissed on the Grounds of In Pari Delicto

by Farrell Fritz, P.C. on

In a January 19, 2016 Commercial Division decision by Justice Bransten, the court granted defendants’ motions to dismiss on the grounds of in pari delicto....more

Texas Court Holds That Law Firm is Immune From Liability to Claims by Non-Client

by Hinshaw & Culbertson LLP on

Highland Capital Management, LP v. Looper Reed & McGraw, P.C., 2016 WL 164528 (Tex. App. Jan. 14, 2016) Brief Summary - The Texas Court of Appeals held that the doctrine of attorney immunity barred an employer's...more

Supreme Court Clarifies Contours of In Pari Delicto Doctrine

by Morris James LLP on

The Delaware Supreme Court, in a recent order affirming the opinion of the Delaware Court of Chancery, provided clear guidance about when third-party corporate advisers may raise the in pari delicto defense as a shield to...more

California Decision Expands Actuary’s Potential Liability Based on Aiding and Abetting Theory

The recently published California decision in Nasrawi v. Buck Consultants LLC, issued by the Court of Appeal, Sixth District, has the potential to expand an actuarial firm’s liability well beyond its current limits under...more

Court of Appeals of Michigan: Trial Court’s Incorrect Instruction on the Definition of Bad Faith Did Not Require Reversal

by Saul Ewing LLP on

Tibble v. Am. Physicians Capital, Inc., No. 306944, 2014 WL 5462573 (Mich. Ct. App. Oct. 28, 2014). The Michigan Court of Appeals holds that although the trial court erred when it defined “bad faith” for the jury, the...more

Accountant’s Fiduciary Duty as Independent Auditor

by Brooks Pierce on

In North Carolina, an accounting firm now owes a fiduciary duty to its audit client, both as a matter of law and as a matter of fact. On November 4, 2014, a North Carolina appellate court held — for the first time —...more

Limits of Expansive Protection of New York’s In Pari Delicto Defense

by Goodwin on

Whenever a company tumbles into bankruptcy following the discovery of its management’s financial misdeeds, firms that provided the company with accounting, legal, banking and financial advisory services should prepare to...more

Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where...

by Pepper Hamilton LLP on

The University of Medicine and Dentistry of New Jersey contracted HDR Architects and Engineers, P.C. (“HDR”) to design a medical school building. After the project went to bid, the Bedwell Company (“Bedwell”) contracted with...more

Illinois Court Outlines Elements to Consider for Good Faith Analysis of Settlement Demand

by Cozen O'Connor on

To settle or not to settle: that is the question for liability insurers. If you are pondering whether you must accept a plaintiff’s settlement offer, read on. A recent Illinois case, Huang v. Brenson, 7 N.E.3d 729 (Ill. App....more

In K2 Investment, NY high court reverses itself, confirms well-established case law

by DLA Piper on

The New York Court of Appeals, in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Company, 2014 WL 590662 (N.Y.), 2014 N.Y. Slip Op. 01102 (N.Y. Feb. 18, 2014), has vacated its own prior decision,...more

In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter...

In an opinion and order dated May 7, 2013, the Honorable Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania dismissed for lack of subject matter jurisdiction a legal malpractice action...more

Chad Elie v. Ifrah Law PLLC

CERTIFICATE of Interested Parties filed by Plaintiff Chad Elie

by Ian Imrich on

[Docket Text] CERTIFICATE of Interested Parties filed by Chad Elie that identifies all parties that have an interest in the outcome of this case. . (Chattah, Sigal) (Entered: 05/22/2013)...more

Chad Elie v. Ifrah Law PLLC

MINUTE ORDER IN CHAMBERS [re Removal of Civil Action to USDC]

by Ian Imrich on

[Docket Text] MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 5/21/2013. Statement regarding removed action is due by 6/8/2013. Joint Status Report regarding removed action is due by 6/23/2013. (Copies have...more

Chad Elie v. Ifrah Law PLLC

Notice of Removal of Action to USDC District of Nevada by Defendants

by Ian Imrich on

[Docket Text] PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Case Number A-13-679951-C, (Filing fee $ 400 receipt number 0978-2825493), filed by Alain Jeffery Ifrah, Ifrah PLLC. Certificate of...more

Appellate Notes: Week of February 18

by Pullman & Comley, LLC on

In This Issue: - AC34039 - Landmark Investment Group, LLC v. Calco Construction & Development Co. - AC33614 - Dorreman v. Johnson - AC34253 - Klemonski v. University of Connecticut Health Center ...more

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

by Pavlack Law, LLC on

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious...more

Fifth Circuit Rejects Insured’s Efforts to Secure Independent Counsel

by Cozen O'Connor on

On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more

Useless Attorneys’ Fees – The Importance of Understanding Florida’s Rules of Civil Procedure

On September 19, 2012, the Third District Court of Appeals decided that a first party plaintiff could not prosecute a claim against a third party defendant in Brady v. P3 Group (LLC) and Hypower, Inc....more

Federal Court of Appeals Affirms Dismissal of State Law Claim of Fraud By Combination of State Substantive Law Requirements and...

Stephenson v. PricewaterhouseCoopers (PWC), 11-1204-cv (2d Cir. 2012) (Summary Order), addresses the viability of claims against Canadian-organized PWC for fraud and negligence arising from PWC’s unqualified audit reports...more

Perception is Reality

by Christina Dixon on

Perception is Reality for legal teams. Capitalizing on a diverse legal team is important in the Twenty-first century. ...more

Case Study: Oasis West Realty V. Goldman

by Snell & Wilmer on

On May 16, the California Supreme Court handed down a decision holding that an attorney may violate his duty of loyalty by publicly opposing a development project that he at one time had been engaged to promote. Oasis West...more

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