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SWARTZ v. KPMG LLP

No. 05-35167.

476 F.3d 756 (2007)

Theodore C. SWARTZ, Plaintiff-Appellant, v. KPMG LLP, Defendant, and Presidio Advisory Services Inc.; Deutsche Bank AG; Deutsche Bank Securities, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 12, 2007.

Attorney(s) appearing for the Case

Philip A. Talmadge, Anne E. Melley, Talmadge Law Group, Tukwila, WA, Brian G. Isaacson, The Isaacson Law Firm, Seattle, WA, for the plaintiff-appellant.

David H. Smith, Garvey Schubert Barber, Seattle, WA, Lawrence M. Hill, Seth C. Farber, Dianne F. Coffino, Dewey Ballantine LLP, New York, NY, for defendants-appellees Deutsche Bank AG and Deutsche Bank Securities, Inc.

Stephen C. Willey, Savitt & Bruce LLP, Seattle, WA, Steven M. Bauer, Karli E. Sager, Latham & Watkins LLP, San Francisco, CA, for defendant-appellee Presidio Advisory Services, Inc.

Before DOROTHY W. NELSON and RICHARD A. PAEZ, Circuit Judges, and EDWARD RAFEEDIE, District Judge.

PER CURIAM.

I. INTRODUCTION

This suit arises out of a failed tax shelter, which defendants allegedly sold to plaintiff-appellant Theodore Swartz, charging over a million dollars, even though they knew the scheme would be considered unlawful by the IRS. Among the named defendants were accounting firm KPMG, law firm Sidley Austin Brown & Wood ("B & W"), Deutsche Bank AG and Deutsche Bank Securities (collectively "DB" or "Deutsche Bank")...

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