· 6/3/1987
Explosives Corporation of America v. Garlam Enterprises Corporation, (Two Cases) Explosives Corporation of America v. Garlam Enterprises Corporation
Citations
- 817 F.2d 894
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that, “once in personam jurisdiction has been found over the original party, it exists over the substituted party despite its lack of contacts with the forum if the substituted party had an opportunity to challenge its joinder or substitution”
- allowing substitution of a parent corporation under Rule 25(c) and holding them “liable for the full amount of the judgment” as “the real party in interest” because the parent “owned all of the outstanding stock” and financed and controlled the litigation
- parent corporation could be substituted as a party where the parent actually controlled the litigation on behalf of the subsidiary
- parent corporation could be substituted as a party where the parent actually controlled the litigation on behalf of the subsidiary
- “Substitution may be ordered after judgment has been rendered in the district court for the purpose of subsequent proceedings to enforce judgment.”
- addressing a corporate successor post-merger
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffin, Bownes, Torruella
Read full opinion on CourtListenerSourced 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.