Explore a real-life case study in M&A law where asset buyers face product liability challenges. Learn about strategies to mitigate risk and protect your investments. M&A Stories October 24, 2023 Introduction: In the world of M&A, asset buyers often face…
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Buyer’s Non-Assumption of Implied Warranty in Treadmill Maker Acquisition
Explore a significant M&A legal case involving the acquisition of a treadmill manufacturing company, where the buyer’s responsibility for warranties was at the heart of the lawsuit. Learn how the Texas Supreme Court’s decision impacted the outcome. M&A Stories November…
Posted in assumption of a contract, implied warranty of merchantability, seller's warranty claims, successor liability Tagged with: Acquisition, asset purchase agreement, implied warranty, Inc. v. Kouba, Legal Case, M&A, merchantability, Northland Industries, product liability, Texas Supreme Court, Texas version of Uniform Commercial Code, treadmill manufacturing
Buyer’s Responsibility for Asbestos Claims Punitive Damages
Explore the implications of punitive damages in asbestos claims within M&A deals. Learn from the case of Parker Hannifin Corp. v. Standard Motor Products, Inc. October 31, 2019 Introduction: Liability related to asbestos claims is a common concern for manufacturing…
Understanding Product Liability in M&A: A Recent Legal Case
Explore the complexities of product liability in M&A through a real-life legal case involving the acquisition of National Car Rental. Gain insights into liability assumptions and legal outcomes. August 27, 2019 M&A Stories Introduction: When acquiring a business out of…
Posted in bankruptcy sale, distressed business acquisitions, product line exception, sale of product line, Section 363 sale, successor liability Tagged with: 2003 acquisition, Alad case, asset purchase agreement, bankruptcy, Bankruptcy Code, Buyer's responsibility, California, car rental business, Hernandez v. Enterprise Rent-A-Car Company, Legal Case, legal outcomes, liability claims, M&A, National Car Rental, paraplegic lawsuit, product liability, successor liability
Seller’s Limited Liability in Asbestos Claims Dispute
Explore a critical M&A case involving product liability claims related to asbestos in talcum powder products. Understand the key disagreement, contractual language, arguments from both parties, and the court’s decision. Learn why precise language in asset purchase agreements is crucial.…
Posted in asset purchase agreement Tagged with: Asbestos claims dispute, asset purchase agreement, buyer's assumption of seller's liabilities, Buyer's indemnification, Closing date, Connecticut federal court, contractual language, Court decision, legal case analysis, M&A legal blog, Parfums De Coeur LTD v Conopco Inc, Precise language in agreements, Product claims, product liability, Seller's liabilities, Talcum powder products
Buyer Beware: Understanding Liability for Asbestos Claims in Asset Purchases
Dive into the intricate world of M&A legalities with our latest blog post. Explore the strategic advantages and potential pitfalls of asset purchases versus stock acquisitions, as we unravel the complexities of liability, particularly in jurisdictions like Georgia. Discover how…
Posted in duty to warn, post asset purchase issues Tagged with: Asbestos claims, asset acquisitions, Asset Buyer’s Duty To Warn End-Users, asset purchases, Case Study, Contractual obligations, due diligence, Georgia Law, Legal Liabilities, Legal precedent, Legal Risks, Liability in Mergers, M&A legal issues, M&A Strategy, product liability, Warranty Service
Asset Buyer’s Liability in Post-Closing Product Claims: What You Need to Know
Navigate the intricate world of mergers and acquisitions with insights into post-closing liabilities and product claims. Learn from a recent case in New Mexico’s federal district court, delving into the complexities of asset buyer’s liability and strategic maneuvers in M&A…
Posted in successor liability Tagged with: asset buyer's liability, asset purchase agreement, California law, legal defense strategies, legal doctrines, legal implications, legal nuances, Legal Precedents, Legal Risks, Legal Strategies, liability avoidance, Liability in acquisitions, liability in asset acquisition, M&A case study, M&A legal, manufacturing methods, Mergers and Acquisitions, New Mexico law, Product claims, product design, product liability, product line exception
Limiting Liability: Acquiring Assets in Bankruptcy and Product Liability
Dive into the intricate world of mergers and acquisitions through a captivating legal narrative. Explore the complexities of transferring liability in bankruptcy acquisitions, particularly in cases involving defective products. Unravel the legal precedents set by landmark cases like Nelson v.…
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