A Side Of Superfund Liability With Your Asset Deal

Law360, New York (February 28, 2012, 12:40 PM EST) -- On Dec. 19, 2011, the United States District Court for the Eastern District of Wisconsin held that a company can assume Superfund liability through an asset purchase agreement — and have direct liability to the U.S. government — even if the seller continues to exist.

At the urging of the government, the federal court in United States of America v. NCR Corp. and Appleton Papers Inc. reversed its earlier determination that there could be no successor liability in an asset deal where the originally liable seller...
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