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State Law Applied to Determine Successor Liability Rule for Enforcement of Judgement Against Korean

Writer: Kirk HartleyKirk Hartley

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.

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About Kirk

Since becoming a lawyer in 1983, Kirk’s 35+ years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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