write:The judge implied that Ultramares might have been successful in suing Touche on the basis of gross negligence: Negligence or blindness even when not equivalent to fraud is none t

he sharply criticized Touche’s audit of Stern. The judge implied that Ultramares might have been successful in suing Touche on the basis of gross negligence: Negligence or blindness
even when not equivalent to fraud
is none the less evidence to sustain an inference of fraud. At least this is so if the negligence is gross. . . . [In the Ultramares case] a jury might find that . . . [the Touche auditors] closed their eyes to the obvious
and blindly gave assent.