United States Fifth Circuit

In a suit alleging that an accounting firm misrepresented its client's financial position, breached its fiduciary duty to plaintiff, and negligently conducted an audit, denials of defendant's motions for new trial and judgment as a matter of law are affirmed where: 1) sufficient evidence supported the jury's finding that plaintiff reasonably relied on financial statements audited by defendant and that defendant's negligent audit proximately caused harm to plaintiff; and 2) defendant did not produce sufficient evidence to justify the inclusion of a jury instruction that would have allowed the apportionment of fault to plaintiffs.

Appellate Information

• Decided 09/09/2008
• Published 09/09/2008

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Luther T. Munford (argued), Rebecca Hawkins, Phelps Dunbar, Jackson, MS, Andrew V. Tramont, Paulino Antonio Nunez, Tramont, Guerra & Nunez, Coral Gables, FL, for Plaintiff-Appellee., Reagan W. Simpson, King & Spalding, Houston, TX, L. Joseph Loveland (argued), Joseph B. Haynes, Cheri Alison Grosvenor, Michael M. Raeber, King & Spalding, Atlanta, GA, James B. Galloway, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Defendant-Appellant.