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Caruthers v. Thau

United States District Court for the Eastern District of Virginia, Richmond Division

November 14, 2013, Decided; November 14, 2013, Filed

Civil Action No. 3:13cv483-JAG



This matter comes before the court on defendant Claude Thau's motion to dismiss him as a defendant. (Dk. No. 8). The plaintiff's complaint contains one count, asserting that the defendant Claude Thau ("Mr. Thau") and his corporation, Thau, Inc., committed malpractice by breaching a professional duty to the plaintiff. The defendants do not contest that Thau, Inc., is a proper defendant.

Because the plaintiff ("Ms. Caruthers") alleges facts sufficient to state a plausible claim of professional malpractice against Mr. Thau in his individual capacity,  [*2] the Court DENIES the Motion to Dismiss.


Ms. Caruthers engaged Mr. Thau to render expert opinions in writing and oral testimony as an expert witness in a lawsuit pending in state court. The state action concerned Ms. Caruthers' right to additional compensation from a long-term care insurance company. As the plaintiff in the lawsuit, she engaged Mr. Thau to provide expert witness testimony as to:

(1) what the typical compensation is for someone such as Ms. Caruthers who arranges or helps to arrange access to a large member association for an insurance entity when the insurance entity is able to sell and/or service long-term care insurance to the large member association in whole or in part because of such access; and (2) what would a person such as Ms. Caruthers do in providing such access to the insurance entity in order to earn and be entitled to such typical compensation.

Their agreement provided that Mr. Thau would receive compensation of $400.00 per hour for his time, plus reasonable expenses incurred.

Mr. Thau works as a long—term care insurance consultant with extensive experience and expertise in his field. He holds himself out to the public as an expert and expert  [*3] witness in the subject area of long-term care insurance, willing to testify in litigation at depositions and at trial. Mr. Thau serves as the President of Thau, Inc., a Kansas "S" corporation. At the time Ms. Caruthers hired him, Mr. Thau was the sole employee of Thau, Inc.. He remains so.

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2013 U.S. Dist. LEXIS 162493 *; 114 A.F.T.R.2d (RIA) 2014-6695; 2013 WL 6048799

LINDA T. CARUTHERS, Plaintiff, v. CLAUDE W. THAU, et al., Defendants.


motion to dismiss, alleges, malpractice, professional malpractice, professional services, expert witness, documents, lawsuit, entity