Wilkerson v. CO Porter MacHinery Co.

How courts have described this case

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

• permitting injured plaintiff to use product-line exception against successor manufacturer that purchased original manufacturer's assets in bankruptcy sale
• examining the applicability of New Jersey’s product-line theory of successor liability to the purchase of assets from predecessor corporation’s bankruptcy
• applying state successor liability principles in spite of bankruptcy order allowing debtor corporation’s assets to be “sold free and clear of all liens, claims (absolute or contingent) and encumbrances”
• product line theory whereby purchaser of assets of manufacturer during bankruptcy not insulated from successor liability to the plaintiff injured by bankrupt manufacturer's product
• An \order under section [363] can only protect the purchaser of ... property against `any interest in such property.' Plaintiff's [product liability suit is not] an interest in the purchased property and [§ 363] does not affect plaintiff's claim.\
• imposing successor liability under Ramirez in Chapter 11 proceeding

Source: CourtListener parenthetical corpus (CC0).