On September 27, 2010, Judge Boyle of the Northern District of Texas allowed two counts in plaintiffs’ amended complaint to go forward against Bryan Cave LLP and American Express Tax and Business Services (pdf copy of the decision here). The plaintiffs have sued Bryan Cave and American Express Tax and Business Services for “alleged negligent misrepresentations and omissions in various opinion letters concerning the risks associated with using specially designed insurance policies to fund pension plans.” Judge Boyle dismissed plaintiffs’ civil conspiracy and aiding/abetting common-law fraud claim, but determined that plaintiffs’ sufficiently alleged their negligent misrepresentation and exemplary damages claims.
The plaintiff is represented by Eric Madden and Brandon Lewis, of Diamond McCarthy LLP.
Defendant Bryan Cave LLP is represented by Kelly Vickers, of Locke Lord Bissell & Liddell LLP; and Douglas Whitney and John Litwinski, of McDermott Will & Emery LLP.
Defendant American Express Tax & Business Services Inc. is represented by Darla Stockton Roden of Andrews Kurth LLP.
Indianapolis Life Insurance Company is represented by, among others, Jeffrey Tillotson and Edward Jason Dennis, of Lynn Tillotson Pinker & Cox LLP.
Hartford Life and Annuity Insurance Company is represented by David Jones, Ashley Street, Barry Chasnoff, Michelle Reed, and Jessica Taylor, of Akin Gump Strauss Hauer & Feld; and Dan Marmalefsky, David McDowell, and Rebekah Kaufman, of Morrison & Foerster LLP.