Sunday, November 24, 2013

Young v. Jones case brief

Young v. Jones case brief summary
816 F. Supp. 1070 (1992)

Defendant Bahamian accounting firm moved for dismissal (Fed. R. Civ. P. 12(b)(2)), alleging lack of personal jurisdiction, defendant U.S. accounting firm requested to be dropped (Fed. R. Civ. P. 21), or for dismissal for failure to state a claim (Fed. R. Civ. P. 12(b)(6)), and plaintiff requested to amend complaint.

Plaintiffs were investors from Texas who deposited over a half-million dollars in a South Carolina bank and the funds disappeared. Defendant Bahamian accountants issued an unqualified audit letter regarding the financial statement of a non-party company. Plaintiffs averred that on the basis of that financial statement, they deposited the large sum of money in the South Carolina bank. Other defendants, not involved in the motions, allegedly sent the money from the South Carolina Bank to the company. The financial statement of the company was falsified. The plaintiffs' money and its investment potential was lost and it was for these losses that the plaintiffs sought to recover damages.

The court granted all three motions because the court rules permitted the amendment of the complaint, the court lacked personal jurisdiction over the Bahamian defendant, and the complaint failed to state a claim against the defendant U.S. accounting firm.

Recommended Supplements for Corporations and Business Associations Law

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