Blog Archives

M&A Buyer Loses Products Liability Indemnification Claim Against Seller

In the complex landscape of mergers and acquisitions, understanding the legal implications of product liability is crucial for asset buyers. This blog post explores a recent South Carolina case where a buyer faced unexpected legal challenges due to a defect

Posted in problems with products liability claims Tagged with: , , , , , , , , , , , , , , , , , , ,

Protecting M&A Asset Buyers from Product Liability: A Case Study

Explore a real-life case study in M&A law where asset buyers face product liability challenges. Learn about strategies to mitigate risk and protect your investments. M&A Stories October 24, 2023 Introduction: In the world of M&A, asset buyers often face

Posted in Problem with products Tagged with: , , , , , , , , ,

Buyer’s Non-Assumption of Implied Warranty in Treadmill Maker Acquisition

Explore a significant M&A legal case involving the acquisition of a treadmill manufacturing company, where the buyer’s responsibility for warranties was at the heart of the lawsuit. Learn how the Texas Supreme Court’s decision impacted the outcome. M&A Stories November

Posted in assumption of a contract, implied warranty of merchantability, seller's warranty claims, successor liability Tagged with: , , , , , , , , , , ,

Buyer’s Responsibility for Asbestos Claims Punitive Damages

Explore the implications of punitive damages in asbestos claims within M&A deals. Learn from the case of Parker Hannifin Corp. v. Standard Motor Products, Inc. October 31, 2019 Introduction: Liability related to asbestos claims is a common concern for manufacturing

Posted in asbestos claims, indemnification, punitive damages Tagged with: , , , , , , , , , , ,

Understanding Product Liability in M&A: A Recent Legal Case

Explore the complexities of product liability in M&A through a real-life legal case involving the acquisition of National Car Rental. Gain insights into liability assumptions and legal outcomes. August 27, 2019 M&A Stories Introduction: When acquiring a business out of

Posted in bankruptcy sale, distressed business acquisitions, product line exception, sale of product line, Section 363 sale, successor liability Tagged with: , , , , , , , , , , , , , , , ,

Seller’s Limited Liability in Asbestos Claims Dispute

Explore a critical M&A case involving product liability claims related to asbestos in talcum powder products. Understand the key disagreement, contractual language, arguments from both parties, and the court’s decision. Learn why precise language in asset purchase agreements is crucial.

Posted in asset purchase agreement Tagged with: , , , , , , , , , , , , , , ,

Court Upholds Product Liability Carrier’s Right to Sue Seller for Indemnification in Asset Purchase Agreement Dispute

Explore the legal intricacies of M&A in our latest blog post as we dissect a riveting case, “Liberty Mutual Fire Insurance Company v. BRG Sports, Inc.” Uncover the aftermath of an undisclosed design flaw in an asset purchase agreement that

Posted in asset seller's liabilities, compliance with all applicable laws, excluded liabilities, representations and warranties Tagged with: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Buyer Beware: Understanding Liability for Asbestos Claims in Asset Purchases

Dive into the intricate world of M&A legalities with our latest blog post. Explore the strategic advantages and potential pitfalls of asset purchases versus stock acquisitions, as we unravel the complexities of liability, particularly in jurisdictions like Georgia. Discover how

Posted in duty to warn, post asset purchase issues Tagged with: , , , , , , , , , , , , , , ,

Asset Buyer’s Liability in Post-Closing Product Claims: What You Need to Know

Navigate the intricate world of mergers and acquisitions with insights into post-closing liabilities and product claims. Learn from a recent case in New Mexico’s federal district court, delving into the complexities of asset buyer’s liability and strategic maneuvers in M&A

Posted in successor liability Tagged with: , , , , , , , , , , , , , , , , , , , , ,

Limiting Liability: Acquiring Assets in Bankruptcy and Product Liability

Dive into the intricate world of mergers and acquisitions through a captivating legal narrative. Explore the complexities of transferring liability in bankruptcy acquisitions, particularly in cases involving defective products. Unravel the legal precedents set by landmark cases like Nelson v.

Posted in successor liability Tagged with: , , , , , , , , , , ,

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