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TUCKER v. ERNST & YOUNG, LLP

1121048.

159 So.3d 1263 (2014)

Wade TUCKER and Wendell Cook Testamentary Trust, derivatively for HealthSouth Corporation v. ERNST & YOUNG, LLP.

Supreme Court of Alabama.

Rehearing Denied August 22, 2014.

Attorney(s) appearing for the Case

David G. Hymer , Joseph B. Mays , Anne Marie Seibel , Kevin C. Newsom , Marc James Ayers , and Anna M. Manasco of Bradley Avant Boult Cummings LLP, Birmingham, for HealthSouth Corporation; and John W. Haley of Hare, Wynn, Newell & Newton, LLP, Birmingham, for appellants Wade Tucker and Wendell Cook Testamentary Trust.

Steven M. Farina and Stephen J. Fuzesi of Williams & Connolly LLP, Washington, D.C.; Robert D. Eckinger and Aaron G. McLeod of Adams & Reese, LLP, Birmingham; Sybil Vogtle Newton of Starnes Davis Florie, LLP, Birmingham; and Dan K. Webb and Brute R. Braun of Winston & Strawn LLP, Chicago, Illinois, for appellee.

Wade Tucker and Wendell Cook Testamentary Trust, on behalf of shareholders of HealthSouth Corporation (hereinafter referred to collectively as "HealthSouth"), brought this shareholder-derivative action against Ernst & Young, LLP ("E & Y"), asserting claims of "audit malpractice" based on E & Y's failure to discover and...

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