Cases
Representative Matters: S
ra McCaffrey v. Carbis Walker & Associates, LLP - Plaintiff was the wife
a silent partner involved with husb
's mortgage banking company which hired defendant accounting firm to perform annual financial statement audits
prepare tax returns. Allegations included claims of professional negligence/accounting malpractice
breach of contact relating to the annual financial statement audits
preparation of tax returns. All claims dismissed on Motion for Summary Judgment enforcing the time limits clause in the audit engagement letter. Plaintiff appealed to Superior Court. Superior Court affirmed the trial court's ruling in favor of accounting firm, dismissing all claims.
Mr. & Mrs. Ross Fazio v. The Guardian Insurance Company et.al. - Plaintiffs asserted that they had been misled by sales agent regarding the sale of nine separate life insurance policies
plaintiffs alleged that agent had misrepresented the policies as investments. Claims included improper/deceptive sales practices associated with the sale of whole life insurance. Summary judgment entered on claims of fraud, negligence, bad faith
breach of fiduciary duty. However, the Unfair Trade Practices
Consumer Protection Law claims were tried to verdict over 9 days before Judge Hertzberg of Allegheny County Court of Common Pleas. Verdict in favor of Defendants.
Alpern Rosenthal v. Katz - Represented plaintiff accounting firm in fee collection breach of contract claim. Defendant asserted counter claim for professional negligence/accounting malpractice associated with the preparation of tax returns. Alleged that the accountants had ignored/neglected certain deductions relating to the conducting real estate development business. Facts revealed that accountants had appropriately prepared tax returns consistent with applicable st
ards. Award for accounting firm
finding in favor of Alpern Rosenthal to recover all unpaid professional fees for services rendered
also for recovery of attorney
expert fees incurred in the action as well.
Dumond v. The Closing Specialist, Inc. - Plaintiff alleged claims of negligence arising out of the sale of real estate asserting the improper conveyance of subsurface rights. Plaintiff alleged that The Closing Specialist had failed to properly evaluate plaintiff's real property
the oil
gas rights existing thereon. Preliminary objections with an accompanying Rule 1023 letter were served upon plaintiff's counsel. Thereafter, prior to any oral argument
or ruling on the preliminary objections, plaintiff's counsel discontinued all claims against Defendant, The Closing Specialist.
Bailey, McIntyre v. A-Z Tech Home Specialist Inc. - Plaintiffs asserted negligence claims arising out of the home inspection completed by defendant in connection with the purchase of plaintiffs' home. Following the filing of preliminary objections, plaintiffs entered into a consent Order with defendant agreeing to dismiss the claims in the Westmorel
County Court of Common Pleas pursuing to the binding arbitration clause set forth in the parties' contract. Thereafter, plaintiffs declined file any claim in arbitration or in other jurisdictions.
Alpern Rosenthal v Weiskopf - Represented the plaintiff, Alpern Rosenthal in a fee collection case
defendant filed a counterclaim alleging professional negligence/accounting. Settled in favor of accounting firm to recover professional fees.
Mr. & Mrs. Konarski v. Hillendale Homes/Loretta Shermock - Represented Defendant, seller of pre-manufactured homes in breach of contract
negligence action. Following five days of jury trial, Judge granted Motion for directed verdict for defendants on all Claims.
Eubanks v. Host Marriott Services Corp. - Represented defendants in slip
fall case occurring at a service plaza on the Pa. Turnpike. Shoulder, knee injury. Offered $10,000 before trial to settle. Jury awarded $4,011.45.
