Salt Lake Tribune Publishing Co., LLC v. Management Planning, Inc. (II)
When is an appraisal not an arbitration? Tenth Circuit court explains the difference.
Wetmore v. MacDonald, Page, Schatz, Fletcher & Co., LLC (I)
The defendant, Macdonald, Page, Schatz, Fletcher & Company, LLC, moves to dismiss all counts asserted against it by the plaintiff, Frank U. Wetmore. I recommend that the court grant the motion.
Massachusetts Asset Financing Corp. v. Harter, Seacrest & Emery, LLP
The First Circuit reversed a lower court’s grant of summary judgment in this appraiser malpractice action resulting from a free review of another appraiser’s work. Generally, a person undertaking a gratuitous act need only refrain from gross, rather than ...
Negligence Action Brought Against an Appraiser Who 'Looked Over' Another’s Report for Free
The 1st Circuit reversed a lower court’s grant of summary judgment in this appraiser malpractice action resulting from a free review of another appraiser’s work.
Christine Hoffman v. Ronald J. Gaglio
The California Court of Appeal for the Second District determined that a third party could recover against a real estate appraiser for malpractice under a negligent misrepresentation theory when the third party was not in the class of person intended to b ...
California Considers When an Unknown Third Party May Rely on an Appraiser’s Opinion
The California Court of Appeal for the 2nd District determined that a third party could recover against a real estate appraiser for malpractice under a negligent misrepresentation theory.
Appraisal Does Not Equal Arbitration
The issue in this case was whether a purchase agreement calling for an appraisal could be labeled an arbitration and thus avoid judicial review.
Salt Lake Tribune Publishing Co., LLC v. Management Planning, Inc. (I)
The issue in this case was whether a purchase agreement calling for an appraisal could be labeled an arbitration and thus avoid judicial review.
Ronald C. Riemers v. Thomas J. O'Halloran, et al.
The North Dakota Supreme Court concluded that under Loran v. Iszler, 373 N.W.2d 870 (N.D. 1985) and Lawrence v. Roberdeau, 2003 ND 124, a court-appointed forensic accounting expert enjoyed absolute immunity as a witness and properly dismissed a dissatisfi ...
Court-Appointed Forensic Accountant Has Quasi-Judicial Immunity
The North Dakota Supreme Court considered whether a malpractice suit against an accountant and his firm should be dismissed.
Appraisal Firm Not Liable for Professional Malpractice; ESOP Trustee Must Prove Justified Reliance
This trial court matter arose as a result of prior litigation in which the trustee of the Kroy ESOP was found liable for breach of its fiduciary duty.
Bank One Arizona v. Benchmark Valuation Consultants
At issue is the claim of professional malpractice.
Appraisal Firm Not Liable for Professional Malpractice ESOP Trustee Must Prove Justified Reliance
This trial court matter arose as a result of prior litigation in which the trustee of the Kroy ESOP was found liable for breach of its fiduciary duty.
Wells v. Shearson Lehman/American Express
At issue is the valuation of stock in a management buyout, in which shareholder argues that the board and shareholders were misinformed as to the value of the stock.
Levine v. Wiss & Co.
N.J. Supreme Court finds an accountant whom litigants in divorce case selected and the court appointed as an "impartial expert" to value a family business does not qualify as a court-appointed arbitrator and, therefore, is liable for negligence by deviati ...