Cases - Eleventh Circuit Affirms Order Dismissing Audit Malpractice Case

Eleventh Circuit Affirms Order Dismissing Audit Malpractice Case

Resolution Date
07/14/2011

Practice Areas
Appellate
Commercial Litigation
Accounting Malpractice Defense

Description

John Bunyan, John Rogers, and Joe Kingma prevailed in the Eleventh Circuit, which affirmed an order dismissing a multi-million dollar audit malpractice suit with no discovery. The case arose from the failure of a contractor that had provided most of the asphalt for Georgia DOT projects. The contractor’s failure had led to a firestorm of litigation, including one verdict of $150 million. On July 14, 2011, the Eleventh Circuit affirmed Carlock Copeland’s win on behalf of a Georgia audit firm. The appellate court agreed that a construction bonding company’s complaint must be dismissed for failing to specifically describe the mistakes the audit firm allegedly made. Carlock Copeland emphasized the U.S. Supreme Court’s decisions in Iqbal and Twombly and argued that the plaintiff bonding company had failed to articulate a specific error. The win was reported in a Law360 article on July 15, 2011.

Attorneys Involved
John L. Bunyan
John C. Rogers
Johannes S. Kingma

CCS Office
Atlanta