In Lundeen v. Pricewaterhousecoopers, LLC, read opinion here , the Delaware Superior Court found a failure to establish negligent representation by an accounting firm in connection with the sale of a business, and therefore granted summary judgment. The court reasoned that there must be proof that false data was both provided and that it was material, in order to succeed on a claim for negligent misrepresentation. The court ruled that neither of those requirements were satisfied here. Moreover, the court did not view the evidence as supporting a claim that the financial statements at issue were materially misrepresented.
UPDATE: The Delaware Supreme Court affirmed this decision in an Order here. The High Court also upheld the trial court’s decision to exclude an expert report that was offered about 6 months late, as well as excluding expert deposition testimony that exceeded the scope of the expert’s report. Reminder: If the opposing side tries to introduce an expert report late, cite the foregoing case. See also related case: Coleman v. PricewaterhouseCoopers, LLC, 902 A.2d 1102 (Del. 2006).