State Law Applied to Determine Successor Liability Rule for Enforcement of Judgement Against Korean Entities
Companies sued in other nations sometimes allow the entry of default judgments, apparently sometimes concluding that successor entities will be able to avoid enforcement of a judgment. That strategy may not always work, at least in the US, as is illustrated by this NLJ article by Sheri Qualters. The article highlights a recent 3rd Circuit ruling that applied state law to decide when to enforce a jugdment against a successor entity. In doing so, the 3rd Circuit rejected applying Korean law said to block successor liability.
The opinion arises in a patent case, but the reasoning is general and should be applicable in most any type of case. The opinion is here.
