Legal Opinion
Fortson v. Winstead, McGuire, Sechrest & Minick
Court of Appeals for the Fourth Circuit
Decided April 7, 1992No. 91-2303PublishedCited by 15 opinions
1Opinion of the Court
OPINION
WILKINSON, Circuit Judge:
This case raises a question that often arises where one party to a commercial transaction is accused of fraud: whether legal counsel to the allegedly defrauding party owes a duty of disclosure to the allegedly defrauded party. In this case, a group of investors in a real estate limited partnership brought suit against the law firm retained by the general partners to prepare the tax opinion for an offering memorandum. Plaintiffs alleged that the offering memorandum for the limited partnership failed to disclose certain material facts, and they asserted claims…
2Cases cited18 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Chiarella v. United StatesSupreme Court of the United States · 1980
- Fed. Sec. L. Rep. P 95,228 Rocco Dileo and Louise Dileo v. Ernst & YoungCourt of Appeals for the Seventh Circuit · 1990
- Garner v. WolfinbargerCourt of Appeals for the Fifth Circuit · 1970
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Securities & Exchange Commission v. TamboneCourt of Appeals for the First Circuit · 2010
- Ernest P. Kline v. First Western Government Securities, Inc.Court of Appeals for the First Circuit · 1994
- Sandberg v. Virginia Bankshares, Inc.Court of Appeals for the Fourth Circuit · 1992
- In Re Cascade International Securities LitigationDistrict Court, S.D. Florida · 1993
- Tatum v. R.J. Reynolds Tobacco Co.District Court, M.D. North Carolina · 2008
10 more not listed; retrieve them via the Exa API.