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Ninth Circuit Holds That Asset Sale Successor May Be Liable for Predecessor Multiemployer Plan Withdrawal Liability Without Assumption of Liability
Haynes Boone 
Oct. 2, 2015
"Even though the purchaser (a former salesman of the predecessor employer) purchased only 30 percent of the predecessor's assets at public auction and none of its customer lists or goodwill, and used his own experience and contacts to hire the predecessor's former employees and contact customers, the court remanded the case back to the district court to determine whether there was sufficient continuity of the predecessor's business (most notably, continuity of the customer base) to be a successor." [Resilient Floor Covering Pension Trust Fund Bd. of Trustees v. Michael's Floor Covering, Inc. (9th Cir. Sept. 11, 2015)]
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