Though an in pari delicto defense is available to parties in an auditor-liability setting, such a defense may only be imputed to plaintiffs if an auditor has acted in material good faith when dealing with a client, the state Supreme Court has ruled.
The court’s unanimous decision, reached Feb. 16, all but shuts the door on a defendant auditor’s ability to assert a stronger position than a mutually-at-fault plaintiff when an auditor is accused of colluding with a client’s officers to hide true in-house economic figures.
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