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Successor Liability Is Alive and Well in the ERISA Context
Deloitte via BenefitsLink
[Guidance Overview] July 27, 2008
Excerpt: Reaffirming the vitality of the 'successor liability' theory, the U.S. District Court for the Southern District of Ohio recently held that the purchaser of the business assets of an employer was liable for the unpaid medical claims of the employees. Schilling v. _________, 2008 U.S. Dist. LEXIS 45233 (S.D. Ohio June 9, 2008). The case is a good example of why in corporate transactions ERISA and other benefits need to be identified, quantified and addressed in a heads-up manner.
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