23-0427·Petition For Review
Pitts v. Rivas
- The anti-fracturing rule bars a client from recasting a professional negligence claim as fraud or another claim to gain a litigation advantage such as a longer limitations period; a fraud claim whose gravamen is that accountants made accounting errors and overstated their competence is barred.
- A breach of fiduciary duty claim against accountants fails as a matter of law where the only basis is an "informal" fiduciary relationship built on friendship and a client's subjective trust, and the engagement letters set an arm's-length relationship.