Seventh Circuit: Board of Trustees of the Autom v. Full Circle Group, Inc.

Posner, Successor liability

Where a sophisticated buyer acquires a company and there is a genuine issue of continuity of business, the hypothetical nature of a funded pension liability exit payment at the time of acquisition is not sufficient for summary judgment for lack of liability.

Alter ego liability requires fraud.  Probably.


Board of Trustees of the Autom v.   Full Circle Group, Inc.