Legal Opinion

Pereira v. EisnerAmper LLP (In re Waterford Wedgwood USA, Inc.)

United States Bankruptcy Court, S.D. New York

Decided April 17, 2015No. Case No. 09-12512 (SHL) (Jointly Administered); Adv. Proc. No. 14-02010 (SHL)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

SEAN H. LANE, UNITED STATES BANKRUPTCY JUDGE

Before the Court is a motion (the “Motion”) by EisnerAmper, LLP (together with its predecessor, Amper, Politziner & Mattia, PC, “EisnerAmper” or the “Defendant”), seeking to dismiss the first two counts of the complaint (the “Complaint”) filed by John S. Pereira, as Chapter 7 Trustee for Waterford Wedgwood USA, Inc. Counts I and II allege that EisnerAm-per committed malpractice in auditing the retirement plan of debtor Waterford Wedgwood USA, Inc. (the “Debtor”) by underestimating the amount of required employer contributions.…

2Cases cited17 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  5. Clapper v. Amnesty International USASupreme Court of the United States · 2013

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3Cited by3 opinions

  1. Latitude Solutions, Incorporated v. DeJoriaCourt of Appeals for the Fifth Circuit · 2019
  2. Carey Ebert v. Michael GustinCourt of Appeals for the Fifth Circuit · 2019
  3. Kelley v. BMO Harris Bank N.A., as successor to M&I Marshall and IIsley BankDistrict Court, D. Minnesota · 2022

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