The case is DePalma v. Maya Murphy, 16 cv 8933, from the Southern District of New York. The relevant opinion is dated December 1, 2017.
The plaintiff, Carol DePalma, sued her former divorce attorney and the court-appointed financial expert. This post will deal with the claims against the financial expert. During the divorce the parties chose and the court appointed an accounting firm, KLG, LLC. KLG was to render an opinion as to the value of Husband’s interest in Shred-It, a company in the shredding business. KLG issued two reports and the parties ultimately settled the divorce case.
Carol then sued KLG for negligence, for its purported failure to value the interest in Shred-It after it merged with another company. The court dismissed the negligence claim against KLG and explained that the opinion of KLG did not proximately cause any injury to Carol. The explanation: