Swidler and Berlin were representing the accounting firm in a West Virginia lawsuit at the time.
The assertion was also made that Ernst and Young assigned junior personnel who gave incompetent advise.
At the time of the settlement, experts comment it to be the first case to assign liability of a consultant brought in to manage the turnaround of a bankrupt company being held liable for its failure.
[2] Lead attorneys Snyder, Weltchek, Weiner, and Vogelstein argued the firm "violated the standard of care", a tenet applied from medical malpractice cases they had experience.
Ernst and Young admitted no wrongdoing and "believes other parties bear substantial responsibility for the failure of Merry-Go-Round to survive.