United States Tenth Circuit

In a suit brought by the trustee of the bankruptcy estate of a nonprofit organization against a law firm and two of its attorneys alleging professional negligence, breach of fiduciary duty, vicarious liability, breach of the covenant of good faith and fair dealing, fraud, and civil conspiracy, summary judgment for defendants is affirmed where: 1) the district court did not err by imputing the conduct of certain offers to the nonprofit; 2) it correctly applied the doctrine of in pari delicto in holding as a matter of law that the nonprofit's misconduct, as evidenced by the actions of its officers and directors, was greater than defendants' fault in failing to counsel the nonprofit; and 3) there was no error in applying the doctrine against a trustee in bankruptcy.

Appellate Information

• Decided 11/13/2008
• Published 11/14/2008

Judges

• TACHA, Circuit Judge., Before TACHA and HARTZ, Circuit Judges, and DEGIUSTI, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• George B. Hoffmann, Parsons Kinghorn Harris, Salt Lake City, UT (James E. Morton, S. Brook Millard, and Christopher J. Rogers, Morton and Millard, PLLC, Salt Lake City, UT, on the briefs), appearing for Appellants.


• For Appellees:
  
• Jefferson W. Gross (Richard D. Burbidge, with him on the brief), Burbidge Mitchell & Gross, Salt Lake City, UT, appearing for Appellees.