United States | Publication | December 2022
Claims for professional negligence and negligent misrepresentation generally require a showing of some type of privity between the plaintiff and defendant. Direct contractual privity, by which the plaintiff contractually retained the defendant to provide services, is the easiest to prove. Even without a contractual relationship, however, a plaintiff may still prevail on such claims by demonstrating the existence of a privity-like relationship. As discussed below, determining whether a privity-like relationship is proven, or at the motion to dismiss stage adequately pleaded, is intensively fact-specific.
Read the full New York Law Journal article, "The ‘privity-like’ requirement for professional negligence and negligent misrepresentation claims."
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