Court Rejects Negligence Suit Against Fried Frank

Law360, New York (October 7, 2008, 12:00 AM EDT) -- Upholding a district court decision, an appellate judge has ruled that law firm Fried Frank Harris Shriver & Jacobson LLP and restructuring firm Evercore Restructuring LLC did not commit gross negligence by submitting an unworkable bankruptcy plan for High Voltage Engineering Corp.

Judge Jeffrey R. Howard of the U.S. Court of Appeals for the First Circuit ruled Monday that Fried Frank and Evercore are immune to the negligence charge under the doctrine of in pari delicto.

The dispute stretches back to 2004, when HVE, facing insolvency,...
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