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ELLIS v. GRANT THORNTON LLP

No. 07-1352.

530 F.3d 280 (2008)

Gary ELLIS, Plaintiff-Appellee, v. GRANT THORNTON LLP, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 25, 2008.

Attorney(s) appearing for the Case

ARGUED: Stanley Julius Parzen, Mayer Brown, L.L.P., Chicago, Illinois, for Appellant. Benjamin Lee Bailey, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee. ON BRIEF: John H. Tinney, Kimberley R. Fields, The Tinney Law Firm, P.L.L.C., Charleston, West Virginia; Bradley J. Andreozzi, Mayer Brown, L.L.P., Chicago, Illinois; Mark W. Ryan, Andrew J. Morris, Mayer Brown, L.L.P., Washington, D.C., for Appellant. Eric B. Snyder, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee.

Reversed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge Duncan and Judge Osteen joined.

OPINION

HAMILTON, Senior Circuit Judge:

The principal issue presented in this appeal is whether Grant Thornton LLP (Grant Thornton), an accounting firm retained by First National Bank of Keystone (Keystone), in response to an investigation by the Office of the Comptroller of the Currency (OCC) into Keystone's banking activities, owed a duty of care under the West Virginia law of negligent misrepresentation to Gary Ellis, who allegedly relied on oral statements...

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