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Randall Dean and Mark DiMaria recently obtained the dismissal of a multi-million dollar tax accounting malpractice case following a jury trial.  The action originally sought over $14 million in compensatory damages, as well as punitive damages, against the defendant tax accountant clients.  During trial, it was discovered that the Plaintiff and his counsel had willfully failed to disclose the existence of an another action pending in Federal Court seeking identical relief.  Significantly, the plaintiff’s attorneys had never disclosed the existence of the Federal case to counsel, to the Court, to the jury, or even to its own expert witnesses – even though the pleadings in that case would have been responsive to multiple rounds of our discovery requests.  The court declared a mistrial and later dismissed the action based on the misconduct.  This was significant, as the prior reported decisions, while authorizing a court to dismiss an action based upon persistent misconduct of the parties and their counsel, had involved either the violation of an express court order, or some extrinsic criminal conduct, while our case only involved misconduct that undermined the integrity of the judicial process.  This was a significant decision, and the court issued a well-crafted, ten-page opinion in granting the dismissal.