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Click here for the full text of this decision FACTS:In an appeal brought by Compass Bank in its suit against King, Griffin & Adamson, Compass asks this court to certify the following question to the Texas Supreme Court: whether Texas uses an actual knowledge test or a foreseeability requirement for negligent misrepresentation claims against accountants. HOLDING:Affirmed. In light of the recent decision in Tara Capital Partners I, L.P. v. Deloitte & Touche, L.L.P. , No. 05-03-00746-CV, 2004 WL 1119947 (Tex. App. � Dallas May 20, 2004), and the district court’s ruling in Compass Bank v. King Griffin & Adamson P.C., 2003 WL 22077721, at *24 (N.D. Tex. 2003), the court is persuaded that the Restatement (Second) of Torts 522 actual knowledge standard applies to accountants in Texas. OPINION:Per curiam. DISSENT:DeMoss, C.J. The dissent does not think there is sufficient controlling guidance from the Texas Supreme Court on the question and would so certify it. “In my view, certifying the question to a state supreme court is a preferable course of action to our trying to make an Erie guess as to the question of state law involved.”

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