463 F.3d 925 (9th Cir. 2006)
In Ernst & Young v. J.
Is an auditing firm liable to third parties, such as investors, for negligently failing to detect fraud in a corporation's financial statements?
Under common law, an auditor's liability to third parties for negligence is generally contingent upon the relationship and reliance that the third party has on the auditor's opinion, often evaluated under doctrines like the Ultramares doctrine, which limits the liability to parties with a privity-like relationship.
The 9th Circuit Court of Appeals held that Ernst & Young was not liable to McMurray, concluding that there was not a sufficiently close link or privity-like relationship between Ernst & Young and McMurray that would extend the duty of care required.
This case is significant as it clarifies the extent of an auditing firm's liability, reinforcing that privity and purposeful communication or representation to third parties are essential elements for negligence claims against auditors in cases of fraud. For law students, understanding these principles is crucial when analyzing auditor liability under tort law and its limits. It delineates how auditing standards intersect with legal duties, teaching the importance of distinguishing between operational audit failures and legal liabilities.