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
Original Source: https://www.courtlistener.com/opinion/10699202/patricia-kratz-v-boudreau-asso... ↗

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2    Several of the cases applying a constructive notice
standard seem to assume an affirmative duty on the part of the
successor to inquire into its predecessor’s potential
liabilities. The point may be more subtle, but the conclusion
is identical. Customarily, a successor purchasing nearly the
entirety of a company’s assets would be expected to exercise due
diligence with regard to its purchase. In those instances,
however, when a successor fails to exercise even minimal due
diligence, that conduct — because it is outside the expected
norm — will raise an eyebrow. Cf., Goodpaster II, 2013 WL
1149568, at *4 (“if [defendant] truly remained ignorant, its
myopic inquiries of [predecessor], its decision not to review
public records or contact the EEOC, and [predecessor’s] sealed
lips . . . were the reasons. So it would be a gross distortion
to say [defendant] lacked an opportunity to protect itself.”).

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