PROGRESSIVE AMERICAN INSURANCE COMPANY v. COLUMNA INC./THOMAS ROUSH, M.D., A/A/O ANDREA MEJIA

How courts have described this case

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

• concluding that seller corporation’s sale of assets to successor corporation “while shedding its debt obligations to unsecured creditors . . . [was] precisely the kind of harm to innocent creditors that the successor liability doctrine was designed to prevent”
• noting that ch. 93A § 11 is only available after satisfaction of dual threshold inquiries of whether a transaction was commercial in nature, and whether the parties to the transaction were engaged in trade or commerce “such that they were acting in a business context”
• Chapter 93A “requires a dual inquiry whether there was a commercial transaction between a person engaged in trade or commerce and another person engaged in trade or commerce”
• section 11 requires “dual inquiry whether there was a commercial transaction between a person engaged in trade or commerce and another person engaged in trade or commerce, such that they were acting in a ‘business context’ ”
• “[A]nalysis of the applicability of [the Massachusetts CPA] requires a dual inquiry whether there was a commercial transaction between a person engaged in trade or commerce and another person engaged in trade or commerce, such that they were acting in a ‘business context.’ ”

Source: CourtListener parenthetical corpus (CC0).