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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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