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· 9/26/2016

Blankenship v. United States

Citations

  • 210 F. Supp. 3d 857
  • 2016 WL 5468340
  • 2016 U.S. Dist. LEXIS 131316

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • \[A] corporate successor can no longer avoid liability by simply structuring a cash-for-assets sale.\
  • \[A] corporate successor can no longer avoid liability by simply structuring a cash-for-assets sale.\
  • “[T]he more modern view of New Jersey law . . . no longer require[es] continuity of shareholder interest.”
  • continuity of management existed where signatory to asset purchase agreement “assumed management over the business operations” that were sold to the buyer corporation
  • \[a] vacated judgment bears no conclusive effect on the underlying action; therefore ... it has no status as a final judgment for purposes of other actions\
  • to determine whether a company is a “mere continuation” of a prior entity, courts consider “continuity of . . . general business operations” and “assumption by the successor of the liabilities ordinarily necessary for the uninterrupted continuation of the predecessor”

Source: CourtListener parenthetical corpus (CC0).

Judges: Conrad, Hon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.