California Supreme Court creates product line exception in 1977 by holding the buyer of the assets of a ladder maker responsible for the post-closing injury of a person caused by the seller’s defective ladder made and sold before the closing.…
Blog Archives
ASSET BUYER’S PRODUCTS LIABILITY AS SUCCESSOR: A CASE STUDY
The asset buyer had not assumed this liability in the asset purchase agreement and no common ownership or officer director management between buyer and seller. M&A Stories August 26, 2021 Introduction: When an asset buyer acquires a business, they have…
Posted in all cash deal, asset purchase, continuity of ownership, de facto merger exception, mere continuation, mere continuation exception, product line exception, successor liability Tagged with: Asset buyer, asset purchase agreement, Bell v. American International Industries, Case Study, De Facto Merger Rule, M&A legal blog, Mere Continuation Rule, North Carolina Law, products liability, successor liability
NY COURT RULES BUYER DIDN’T INHERIT UNEMPLOYMENT EXPERIENCE ACCOUNT IN BUSINESS ASSET PURCHASE
Learn about a recent New York court decision where the buyer of a business was found not liable for the seller’s higher unemployment insurance rates. The court clarified the criteria for acquiring goodwill in a business asset purchase. M&A Stories…
INDIANA HIGH COURT CLARIFIES SUCCESSOR LIABILITY IN M&A DEALS
Learn about the recent Indiana Supreme Court ruling on successor liability in asset acquisitions. Understand the exceptions that relieve business asset buyers from seller creditor claims in M&A deals. M&A Stories April 30, 2021 Introduction: When acquiring the assets of…
Posted in continuity of enterprise exception, continuity of ownership, de facto merger exception, successor liability Tagged with: asset acquisitions, business asset buyer, de facto merger, Indiana M&A deals, Indiana Supreme Court ruling, Legal Blog, Mere Continuation, seller creditor claims, successor liability
ASSET BUYER’S LIABILITY DISPUTE IN M&A DEAL INVOLVING ASBESTOS-CONTAINING PRODUCT LINE
Learn about the legal complexities in an M&A deal where the buyer purchased the seller’s trade name which was used for two product lines acquired by the buyer, but had also been used by the seller for a steam turbine…
COURT ALLOWS DISTRIBUTOR TO SUE BUYER FOR PRE-CLOSING BREACH IN ACQUISITION DEAL
Read about a recent acquisition deal in the printer equipment manufacturing industry where a distributor sued a buyer for alleged pre-closing breach under the “mere continuation successor liability” theory. M&A Stories March 08, 2021 Introduction: In a recent acquisition deal…
Buyer’s Liability in M&A Deals: Understanding Product Line Exceptions
Explore the concept of buyer’s liability in M&A deals and the impact of product line exceptions. Learn from the McAllister v. Mcdermott case and understand how to manage potential risks when acquiring manufacturing businesses. M&A Stories December 02, 2020 Introduction:…
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
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