Appendix to George W. Kuney, A Taxonomy and Evaluation of Successor Liability, 6 Fla. St. Bus. L. Rev. 9 (2007), April 15, 2011 Update
George W. Kuney
University of Tennessee College of Law; Clayton Center for Entrepreneurial Law
September 8, 2009
Florida State University Business Law Review, Vol. 6, p. 9, 2007
University of Tennessee Legal Studies Research Paper No. 95
This appendix to an earlier published article represents the author’s attempt to continue to explain the characteristics and contours of each of the judge-made forms of successor liability in the 50 states and other jurisdictions listed. These presentations should be thought of as a set of “field notes” as they are often based on sketchy, brief observations of the doctrines in jurisdictions where the reported case law is thin or where the state supreme court has not spoken. As the story of Cyr v. Offen in New Hampshire shows, at times, long standing assumptions about the doctrine can be quickly reversed or undermined.
This appendix is updated annually to track the state of the law in this field. Please note that while the author and editors are cognizant of the formalities of the blue-book form, we have chosen to abandon the use of “Id.,” in order to avoid confusion between different versions of the document.
Comments are welcome and will be incorporated into future editions of this document.
Number of Pages in PDF File: 129
Keywords: successor liability, de facto merger, mere continuation, continuity of enterprise, product line, continuing liability
JEL Classification: K13, K22, K39
Date posted: September 10, 2009 ; Last revised: April 28, 2011