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BRZOZOWSKI v. CORRECTIONAL PHYSICIAN SERVICES

No. 02-3659.

360 F.3d 173 (2004)

Noreen A. BRZOZOWSKI, Appellant v. CORRECTIONAL PHYSICIAN SERVICES, INC.; Prison Health Services, Inc.

United States Court of Appeals, Third Circuit.

Filed: February 23, 2004.

Attorney(s) appearing for the Case

Harold I. Goodman, (Argued), Raynes, McCarty, Binder, Ross & Mundy, Philadelphia, for Appellant.

Andrew J. Rolfes, (Argued), Klett Rooney Lieber & Schorling, Philadelphia, for Appellee Prison Health Services, Inc.

Before RENDELL, WEIS, and GARTH Circuit Judges.

OPINION

WEIS, Circuit Judge.

In this Title VII employment discrimination case, we conclude that when an insolvent employer sells a substantial portion of its assets to another corporation, that company may be subject to successor liability. We also decide that because substantial portions of Title VII are governed by laches, rather than a statute of limitations, the relation back provision of Federal Rule of Civil Procedure 15(c)(3) does not apply to the...

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