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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Patricia Kratz v. Boudreau & Associates, et al., 2017 DNH 153 (2017)

Citation
Patricia Kratz v. Boudreau & Associates, et al., 2017 DNH 153 (2017)
Parent Document
Patricia Kratz v. Boudreau & Associates, et al., 2017 DNH 153 (2017)
Jurisdiction
New Hampshire (state)
Effective Date
2017-08-22

Other Sections in This Document (345)

Full Text

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... However, in the present case, in which the absence
     of any timely actual knowledge on the part of the
     successor is so clear, in which substantial, while not
     complete, relief from the predecessor is available to
     the victim, and in which the ownership of the
     predecessor and of the successor is totally distinct,
     we refrain from subjecting the doctrine of successor
     liability to judicial surgery on the scale which would
     be necessary to permit [plaintiff] to obtain relief
     from [defendant successor]. More generally, the
     national dimensions of the dilemma we have described
     in this opinion are likely to be explored more
     adequately and responded to more effectively by
     Congress than by the courts. Wheeler, 794 F.2d at 1237.