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ERNST & YOUNG, LLP v. TUCKER

1040643, 1040689 and 1041367.

940 So.2d 269 (2006)

ERNST & YOUNG, LLP v. Wade TUCKER, derivatively, for the benefit of and on behalf of HealthSouth Corporation. HealthSouth Corporation v. Wade Tucker, derivatively, for the benefit of and on behalf of HealthSouth Corporation. HealthSouth Corporation v. Ernst & Young, LLP.

Supreme Court of Alabama.

April 7, 2006.

Attorney(s) appearing for the Case

Henry E. Simpson, Elizabeth R. Floyd, and Kate Thornton of Adams & Reese/Lange Simpson LLP, Birmingham; and Steven M. Farina of Williams & Connolly, LLP, Washington, D.C., for Ernst & Young, LLP.

John W. Haley, Ralph D. Cook, and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham; John Q. Somerville of Galloway & Somerville, Birmingham; and Frank P. DiPrima, Covent Station, New Jersey, for Wade Tucker.

Julia Boaz Cooper and Marc James Ayers of Bradley Arant Rose & White, LLP, Birmingham; Scott Burnett Smith of Bradley Arant Rose & White, LLP, Huntsville; and Peyton D. Bibb, Jr., and Michael K.K. Choy of Haskell Slaughter Young & Rediker, L.L.C., Birmingham, for HealthSouth Corporation.

HARWOOD, Justice.

These appeals began as a shareholder-derivative action brought by Wade Tucker in August 2002. Tucker asserted contractual and tort claims against various officers and directors of HealthSouth Corporation and various business entities that had had dealings with HealthSouth.1 In March 2003, Tucker's second amended complaint in this case added as a defendant HealthSouth's former...

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